WHAT IS TITLE INSURANCE? Title insurance is insurance that protects the insured from loss as a result of title defects or that the title to real property is not valid.
TWO KINDS OF TITLE INSURANCE There are two types of title insurance – a lender’s title policy and an owner’s title policy. To protect their interest in your property, mortgage lenders require buyers to purchase a lender’s title policy. But a lender’s policy does not protect your interest as the homeowner. Your protection comes from an owner’s title policy, purchased at closing and lasting as long as you or your heirs have an interest in the property. Having an owner’s policy will pay for all court costs and related fees associated with any covered title risk. If a claim is found to be valid, your actual loss – up to the face amount of the policy – is covered.
HOW MUCH DOES TITLE INSURANCE COST? Title insurance rates are based upon filed rates with the state. The one-time investment is directly related to the value of your home; the lender’s policy is based on the loan amount and the owner’s policy is based on the home’s purchase price.
IMPORTANT REASONS TO PURCHASE AN OWNER’S POLICY Purchasing an owner’s policy protects you from hidden risks which may not be disclosed by even the most thorough search of public records, including:
Someone else owns an interest in your title
A document is not properly signed, sealed, acknowledged, or delivered
Forgery, fraud, duress, incompetency, incapacity or impersonation
Defective recording of any document
No legal right of access to and from the land
Restrictive covenants limiting your use of the land
A lien on your title because of a prior unsatisfied mortgage.
A lien on your title due to a charge by a homeowner’s association
A lien on your title, arising now or later, for labor and/or material furnished before the recording date – unless you agreed to pay for the labor or material
Others having rights arising out of leases, contracts or options