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 title hazards.
Other
types of insurance that protect your home focus on
possible future events and charge an annual premium.
On the other hand, title insurance protects against
loss from hazards and defects that already exist in
the title and is purchased with a one-time
premium.
Two
kinds of Title Insurances Benefit You in Two Ways
There are two basic kinds of title insurance:
- Lender
or mortgage protection,
- Owner's
coverage.
Most
lenders require mortgage title as 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.
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 costs
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 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 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 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 little 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 an 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.