|
|
| |
TITLE INSURANCE
INFORMATION
-
-
What is Title
Insurance?
- The legal right to possession of the property.
|
-
-
What risks are covered by Title
Insurance?

-
- Actual loss of
the property
- Unmarketability of the title
- Loss due to unknown liens or encumbrances
|
-
-
Why do you need Title Insurance?
- To protect you
against losses from undiscovered defects in
existence when the policy is issued.
|
- Will the
Title Insurance Company provide defense for claims?
- Yes. The title insurance company will defend at
its expense all litigation against the insured
regarding a title defect covered in the policy,
whether or not the claim proves valid. The insured
transfers all rights of subrogation to the title
insurance company, and gives the company permission
to use the name of the insured in all actions
connected to defense or recovery.
|
- What is the
Owner's Policy?
- The owner's title insurance policy applies to
the owner of real property, whether it be an
individual or corporation. The policy is
interminable and can be passed on to heirs or
corporate successors.
|
- What are the
Mortgage Policies?
- Mortgage title insurance policies, also known as
lender or loan policies, insure in addition to other
matters, that the person receiving the loan from the
lender has title to the real estate encumbered as
security and that the deed of trust or mortgage is a
valid lien on the real estate. The liability in a
mortgage policy, except for litigation expenses,
decreases as the mortgage is paid, and terminates
upon final payment.
|
- Myth:
- Mortgage title insurance policies, also known as
lender or loan policies, insure in addition to other
matters, that the person receiving the loan from the
lender has title to the real estate encumbered as
security and that the deed of trust or mortgage is a
valid lien on the real estate. The liability in a
mortgage policy, except for litigation expenses,
decreases as the mortgage is paid, and terminates
upon final payment.
- Fact:
- The title industry is actually structured for
low claims loss ratios. Title insurance is a
risk-elimination industry. In a perfect world,
the title examiner would report, and the closer
would clear up or eliminate all potential title
issues (judgments, liens, etc.), prior to closing so
that the purchaser obtains a good title.
However, even the most competent title examiner
cannot discover more than 20 types of hidden title
defects that can adversely affect property title,
including missing heirs, forgeries, improper parties
to a deed, etc. Whenever such a challenge
arises, title insurance protects the homeowner's
right to that property.
|
- Myth:
-
Title Insurance is
expensive coverage.
- Fact:
-
Title insurance offers homeowners low-cost
protection. Assume that the one-time title
premium on a particular transaction is $1,000.
While that is not an insignificant figure on the
HUD-1 settlement statement, it's more accurate to
consider the cost of the premium over the time the
property is owned. In the above example, if a
purchaser lives in the property for 10 years, the
one-time-only premium's true cost is only $100 a
year. That inexpensive coverage offers
protection of the homeowner's most valuable asset
for as long as the property is owned and protection
forever on any warranties given by the insured to a
future purchaser.
|
- Myth:
- Few properties have
title problems.
- Fact:
- A large percentage of real estate titles have
defects. Whether these defects are unreleased
prior mortgages or judgments, questionable property
descriptions, or something else that can adversely
affect title, many of these properties would sell
only at a significant discount -- and some would not
sell at all -- without the comfort of a title
policy. In many instances, title insurance is
the grease that keeps real estate's wheels rolling.
|
- Myth:
-
Title problems are solved by writing a check.
- Fact:
- Title claims are contentious, emotional, and
very expensive. Threats to property titles
through fraud and other intentional means are on the
upswing, and few homeowners can afford to pay
litigation costs. Knowing that litigation fees
and title coverage will be borne by the homeowner's
title insurance company offers peace of mind worth
every penny of the one-time-only premium.
|
|
|
|
|
| |
|
|
|
|