That is very interesting. The ALTA 7 Endorsement says:
"The Company agrees that the Manufactured Housing Unit described under Schedule A is included within the term “land” when used in this policy."
My first question would be, is the mobile home unit described under Schedule A? It would seem that the endorsement is about useless if the description of the mobile home is not included in Schedule A. However, I would not be surprised if it were omitted. I think too many agents just blindly attach endorsements without giving too much thought what they are actually intended to do.
Clearly, if the endorsement was issued, the policy was intended to cover the mobile home. I am not sure about the legal consequences of such an omission. Was the description of the mobile home provided to the agent before the policy was issued? Perhaps it would be worth notifying the agent that the description was omitted (if it was) and ask for a correction to the policy. I wonder if they would, or could, refuse to make the correction if they were aware of all of the pertinent information and failed to include it.
Even absent the particular description, I'm guessing that the restriction was not excepted on the policy. On an Owner's Policy, it certainly should have been. I would certainly try filing a claim. If the agent knew that this closing included the purchase of a mobile home and issued the ALTA 7 Endorsement with knowledge of the restriction, that would seem to indicate a problem. The underwriter may recognize this and pay the claim... who knows.
Best,
Robert A. Franco
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