Pub. 12 2015 Issue 1

O V E R A C E N T U R Y : B U I L D I N G B E T T E R B A N K S - H E L P I N G N E W M E X I C O R E A L I Z E D R E A M S 18 “If the property is not served directly by a public street, road or highway, but access is provided by an easement, a lender may request an indirect access and entry endorsement (Form 68).” DEBBIE RAMIREZ, Modrall Sperling Law Firm COUNSELOR’S CORNER T he real estate landscape in New Mexico presents unique challenges to lenders. From access issues arising from generations of conveyances to the likelihood of damage to collateral from oil and gas activities, lenders must consider and protect themselves against any number of risks. This article provides a view into various issues encountered in real estate lending – and the title insurance endorsements available to address those risks. Mineral Rights. A com- mon question asked by real es- tate lenders in New Mexico is whether to require a borrower to purchase an endorsement covering risks arising from mineral development. The re- strictions, encroachments and minerals endorsement (Forms Using Title Insurance Endorsements to Mitigate Real Estate Lending Risks