WHAT IS TITLE INSURANCE?
AFTER THE SOLD SIGN GOES UP.
What
happens between now and the closing?
Loan Application: First, a loan application is made by
the buyer and is submitted together with earnest money (down
payment) to the Loan Company. A credit check and an appraisal of the
property are usually required for approval.
Tax Check: Then, a tax check is made on what taxes are
owed on the property.
Public Records Search: This is followed by a title
search. Copies of public records are examined for verification of
legal ownership and outstanding debts owed. These public records
include deeds, deeds of trust, probate matters, divorce, heirs and
bankruptcy.
Final Documents: Finally, settlement documents are
prepared.
Closing: At closing, a lawyer oversees the transfer of
the property title. Seller signs the deed, buyer signs the mortgage,
the old mortgage is paid off and all parties including those
performing services, i.e. seller, real estate agents, attorneys,
surveyors, title company, etc. are paid. Title insurance policies
are then issued to the homebuyer and the lender, assuring protection
against losses due to adverse defects or undiscovered interests in
the property title.
TITLE
INSURANCE
Why Needed: Owning a new home is the most important
investment you will ever make. So, you want to be sure that your
property is free of any liens, claims or encumbrances.
Title Insurance: A Title Insurance Policy will protect
your equity and home against losses due to adverse defects or
undiscovered interests in the property title. Some common hidden
risks protected under a title insurance policy are:
- False impersonation of the true landowner.
- Forged deeds, mortgages, wills, releases and other
documents.
- Deeds and wills by persons lacking legal
capacity.
- Deeds by minors.
- Invalid documents executed under expired power of
attorney.
- Invalid deeds delivered after death of the
grantor.
- Deeds by supposedly single persons but actually
married.
- Fraud
- Federal/State estate inheritance and gift tax liens against
prior owners.
- Unrecorded easements.
- Undisclosed heirs of former owners.
Loan Policy: Protects the lender's loan interest
against losses due to unknown title defects. This title policy does
not protect homeowner's equity.
Owner's Policy: Protects the owner's loan interest
against losses due to unknown title defects. The Owners Policy
Provides:
- Protection from Financial Losses due to claims against the
owner's title, up to the face amount of the title policy.
- Payment of Legal Costs if the title insurer has to defend
the owner's title against a covered claim.
- Payment of Successful Claims against the owner's title
covered by the policy, up to the face amount of the title
policy.
Just as lenders want security with their title policy, so
should an owner protect the equity in the new home with a title
policy. For a low one-time premium an owner can receive the
protection of a title insurance policy against "hidden risks" or
undiscovered interests. Ask us for an owner's
policy.
|