I spent an hour with their lawyers yesterday with them doing just that. Fannie Mae said that we could exceed the standards. Our insurance agent advise against signing it as is and suggested modifications. The lawyers tried to invoke 3B saying that Fannie Mae had administrative rules that required this additional certification and I told them to send me a copy and I would review them and discuss them with our agent. Turned out they didn't have any administrative rules or anything to back up their claim. I modified the cert and sent to them to review, still waiting for comments.
I attended Gary's seminar last March and I'm glad I did.
3 B. Other Requirements and Standards of Practice - Some Federal agencies, many states and some local jurisdictions have adopted statutes, administrative rules and/or ordinances that set out standards regulating the practice of surveying within their jurisdictions. In addition to the standards set forth herein, surveyors shall also conduct their surveys in accordance with all applicable jurisdictional requirements and standards of practice. Where conflicts between the standards set forth herein and any such jurisdictional requirements and standards of practice occur, the more stringent shall apply.
HUD tried the same thing with me.
I don't see any correlation with the certification. If this applied to certifications than the word certifications would be in print.
They gave in, the standard ALTA cert will be acceptable.
Great going Jeff! Hopefully your experience related here will give others who read it the encouragement to likewise hold the line where it needs to be held.
They always will give in, I have fought this battle several times and each ended up with the standard certification.
There is nothing that prevents the surveyor from exceeding the standards.
Well, we're you originally asked to meet the ALTA standards, or exceed the standards?
The attorney should understand that there is a fee for exceeding the standards, outside of contract. First, modify the cert. to be true. Delete the lines about Flood Hazard Zone or modify to say the property "may or may not be in a flood hazard zone", etc.
Then send him an email, with the new cert., and your changes highlighted in red, with an invoice for additional "exceeding the standards" work, that prices in your additional liability, to be paid prior to you signing the letter.
Very well done!
What a hassle.
The original ALTA contract did not have a request to exceed the standards, that was brought up last week as closing approached along with ten more items from the original table A. The struggle with Fannie Mae was a separate long form certification, which one attorney admitted were all included in the ALTA cert. Then they tried to invoke 3B as a governmental agency that had jurisdiction with statutes, administrative rules or ordinances that required the long form. I requested said statutes etc. to show me the greater standard required by 3B. They had none and relented to the normal certification.