Why title
insurance?
A home is usually the largest single investment any of us
will ever make. When you purchase a home, you will purchase
several types of insurance coverage to protect your home and
personal property. Homeowner’s or hazard insurance protects
against loss from fire, theft or wind damage. Flood
insurance protects against rising water. And a unique
coverage known as title insurance protects against hidden
title hazards that may threaten your financial investment in
your home.
Protecting your largest single investment
Title insurance is not as well understood as other types of
home insurance, but it is just as important. You see, when
purchasing a home, instead of purchasing the actual building
or land, you are really purchasing the title to the
property- the right to occupy and use the space. That title
may be limited by rights and claims asserted by others,
which may limit your use and enjoyment of the property and
even bring financial loss. Title insurance protects against
these types of hazards.
Two kinds of title insurance benefit you in two ways
There are two basic kinds of title insurance:
Lender or mortgagee protection
Owner’s coverage
Most lenders require mortgagee title insurance as security
for their investment in real estate, just as they may call
for fire insurance and other types of coverage as investor
protection. When title insurance is provided, lenders are
willing to make mortgage money available in distant locales
where they know little about the market.
Owner’s title insurance last as long as you, the
policyholder- or your heirs- have an interest in the insured
property. This may even be after you have sold the property.
Depending on local practices and state law where the
property is located, you may pay an additional premium for
an owner’s policy or you may pay a simultaneous issue
charge- usually a smaller amount- for the separate lender
coverage. You may even split settlement cost with the seller
for the lender or owner’s policy.
What does your premium really pay for?
An important part of title insurance is its emphasis on risk
elimination before insuring. This gives you, as the policy
holder, the best possible chance for avoiding title claim
and loss.
Title insuring begins with a search of public land records
affecting the real estate concerned. An examination is
conducted by the title agency or attorney on behalf of its
underwriter to determine whether the property is insurable.
The examination of evidence from a search is intended to
fully report all “material objections” to the title.
Frequently, documents that don’t clearly transfer title are
found in the “chain”, or history that is assembled from the
records in a search. Here are some examples of documents
that can present concerns:
Deeds, wills, and trust that contain improper wording or
incorrect names
Outstanding mortgages and judgments, or a lien against the
property because the seller has not paid his taxes
Easements that allow construction of a road or utility line
Pending legal action against the property that could affect
the purchaser
Incorrect notary acknowledgements
Through the search and the examination, title problems are
disclosed so they can be corrected whenever possible.
However, even the most careful preventative work cannot
locate all hidden title hazards.
Hidden title hazards-your last defense
In spite of all the expertise and dedication that go into a
title search and examination, hidden hazards can emerge
after closing, resulting in unpleasant and costly surprises.
Some examples of hazards include:
A forged signature on the deed, which would mean no transfer
of ownership to you
An unknown heir of a previous owner who is claiming
ownership of the property
Instruments executed under an expired or a fabricated power
of attorney
Mistakes in the public records
Title insurance offers financial protection against these
and other covered title hazards. The title insurer will pay
for defending against an attack on title as insured, and
will either perfect the title or pay valid claims- all for
on- time charge at closing.
Your home is your most important investment. Before you go
to closing, ask about title insurance protection, and be
sure to protect your home with an owner’s title insurance
policy.