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What
is Title Insurance ?
Protecting
Your Home Investment
A home
is usually the largest single investment any of us will ever make.
Title insurance is a unique coverage that 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. 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 title hazards.
Two
Kinds of Title Insurance Benefit You in Two Ways
There
are two basic kinds of title insurance:
Lender
or mortgage protection, and Owner's coverage. Most lenders
require mortgage 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 lasts as long as you, the policyholder - or your
heirs - has an interest in the insured property. This may even be
after you have sold the property.
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 policyholder, 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
agent 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 trusts 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 a purchaser;
or
- 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; or
- 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
a one-time charge at closing.
Your
home is your most important investment. Before you go to closing,
ask about your title insurance protection, and be sure to protect
your home with an owner's title insurance policy.
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