ALTA 48 and Insuring Native American Tribes

By: Steve Zablocki, Underwriting Counsel

Wisconsin has eleven federally recognized Native American Tribes. The nature and extent of a tribe’s presence in each county varies. What is for certain is that when asked to insure any transactions for a tribe, we must take additional steps. 

First, if the Native American Tribe or Tribal Entity is the purchaser or lender and will be identified as an Insured on the contemplated policy, you must show the following requirement in your commitment or title report and attach a sample copy of the endorsement:

No policy will be issued pursuant to this [commitment / preliminary report] without attachment thereto of an [ALTA 48 Tribal Waivers and Consents / FA Native American Lands] Endorsement duly executed by person(s) whose authority to bind the Proposed Insured and/or Native American Tribe is/are established by evidence satisfactory to the Company. A copy of the Endorsement is attached to this [commitment/preliminary report].

Secondly, you must obtain satisfactory proof that the individual executing the ALTA 48 endorsement has the required authority. This proof could be in the form of a Tribal Resolution, meeting minutes or revealed by reviewing the Tribe’s organizational documents.

Ultimately, it is imperative that the outlined processes and procedures are followed. If you receive pushback or any other challenges, please contact underwriting with your questions or concerns.