Almost everyone is familiar with some form
of insurance coverage: insurance coverage on your car, your life,
medical/dental insurance or fire insurance
on your home. But what exactly is "TITLE"
insurance?
Title Insurance is information on the
status of ownership of real property before
you purchase or mortgage a home,
condominium, co-operative, investment
property or commercial property. It is protection against adverse claims that
may affect the property.
Before the closing of a loan or a purchase takes
place, the public records are searched and
examined to determine ownership,
limitations to that ownership,
encumbrances and any adverse matters
affecting title to the property. These
records are searched by examining the
official courthouse records, where all
recorded documents, judgments, liens, tax
assessments (such as street or sewer),
special taxes, and other matters, such as
divorce and bankruptcy, are filed. The
results of this examination will then be
provided in a preliminary title report or
"commitment" to insure the property. A
title commitment is a binding contract which
reflects the current status of title
before a loan or sale is closed, and binds
the Title Company to issue its title insurance
in favor of the insured as owner or
mortgagee of the property being searched,
subject to certain conditions and
stipulations. If there are serious
problems found in the chain of title, the
title insurer will report those matters
and also exclude them from coverage.
Buyers and lenders know there are some
limitations which must be removed prior to
closing, such
as the paying off a prior mortgage and release of a prior
mortgage or judgment. Otherwise, these will
continue to adversely affect the property
and the priority of their interests after
closing. Sometimes problems are discovered
and a title company may choose to "insure
over" the matter in order for the
transaction to proceed as planned.
Benefits of Title Insurance
Although the Title Insurance agents make
every effort to eliminate the risk
involved in the purchase or mortgage of
real property, there will always be
certain risks for the buyers and
investors.
The benefits of title insurance are:
-clears title problems
-pays valid claims
-provides a defense for claims attacking
the title as insured
The title insurance policy insures your
interest, subject to exclusions and
conditions contained therein, and insures
against loss or damage resulting from Any
title risks covered by that policy up to
the amount of the policy; and any costs,
attorneys' fees and expenses we have to
pay under the policy.
Costs
Unlike most types of insurance, the title
insurance premium is paid only once. If
the owner's and lender's policy are
purchased simultaneously, there is a
substantial discount.
Protection
If a claim is made against your title as
insured, the title insurance underwriter
will protect you by defending your
interest in any court case and paying the
costs, attorneys' fees, and expenses
incurred in that defense. If the claim
is proven to be valid, The title insurance
underwriter will pay the costs of your
claim, up to the amount of the policy or
will undertake the responsibility of
perfecting the title as insured, at its own
expense.
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