Please circulate this bulletin within your firm.
NEW: Super Priority Lien Coverage Extended to Discharged Mortgages
Now available exclusively from Stewart Title
Governmental entities can force mortgage lenders to pay certain tax debts like unpaid GST/HST owed by their borrowers. Stewart’s title policies have always provided coverage for losses due to these super priority liens (or deemed trusts) that were accrued prior to the policy date, and unknown to the lender. However, this coverage is only valid up until the policy ends upon the discharge of the mortgage.

We are excited to announce that Stewart Title now offers an endorsement for lenders* that provides coverage for loss arising from covered super priority liens even after the insured mortgage has been discharged.

If a lender is required to repay an amount arising from a super priority lien that is covered in our title policy*, they can now rely on the Post Date of Policy Super Priority Lien Endorsement to provide this coverage for 10 years following the discharge of the insured mortgage, up to a maximum liability amount of $500,000.
For Residential Policies – this Endorsement is available for institutional lender policies at no additional cost and will be automatically included without the need for additional steps**.

For Commercial Policies – this Endorsement is available for both institutional and private lenders (1st and 2nd priority only) for a nominal one-time premium**. Simply select the Endorsement as part of your next commercial order.
Obtain the Best Coverage in the Industry 
Title insurance offers the only protection for losses arising from super priority liens. With our new Post Date of Policy Super Priority Lien Endorsement, lenders can take comfort in knowing that they are receiving the best available coverage in the industry. We are pleased to provide you with unique coverage solutions that help transactions close smoothly and with peace of mind.

For more information on this coverage, download our brochure or 
contact your local Business Development Manager.

August 24, 2020
NTL (excl. QC)
*Please note that liens that first accrue after the policy date continue to not be covered.  

**The Post Date of Policy Super Priority Lien Endorsement is not available for vendor take-back mortgages (VTB), for residential private lenders, for commercial single-risk policies, or commercial private lenders that are not 1st or 2nd priority. For commercial private lenders, a borrower statutory declaration confirming remittances are current will be required. Existing liens or knowledge of unpaid remittances must be disclosed to Stewart Title, in which case the endorsement may not be issued. Lawyers and lenders should continue to conduct their normal due diligence regarding borrower remittances.

This bulletin is intended to provide general information only. For full coverage details, please refer to a copy of our policy.  

A leader in the Canadian title insurance industry, Stewart Title’s unwavering philosophy is that the role of a title insurer in Canada should be to underwrite risk, allowing legal professionals to provide legal advice and prepare documents. Stewart Title does not participate in or support programs that reduce or eliminate the lawyer's/notary's role in real estate transactions. To find out more, visit or call (888) 667-5151.
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