When ownership of a property is transferred, it is customary, in this area, for the seller to provide the buyer a policy of title insurance ensuring the ownership is being transferred free of known defects or encumbrances. Title insurance is a policy that guarantees to the holder that there are no claims against the ownership of the insured real estate as of the effective date of the policy excluding those exceptions listed in the policy. The policy ensures that if the status of the title to the subject real estate is other than has been represented, and the insured suffers a loss as a result of a defective title, the insurer will reimburse the insured for that loss and any related legal expenses up to the face value of the policy.
A title search is a search of the public records to uncover information about the subject property. This is the first thing done by a title company in the process of issuing a title policy in order to eliminate the risks caused by defective titles.
A Commitment for Title Insurance is issued once the title search is complete describing everything that was uncovered during the search. The commitment is also a binder promising to issue a title policy once the requirements laid out in the commitment are met. The requirements may include provisions such as recording a properly executed deed from the current owner and payoff and recording the satisfaction of the current mortgage.
The policy of title insurance is issued after all required documents have been recorded in the county courthouse. The policy guarantees the new owner that all requirements in the commitment have been met. It also guarantees there are no ‘hidden’ encumbrances on the title. The holder of the policy is insured that there are no recorded liens or encumbrances on the property unless otherwise stated in the exceptions to the policy. There are two types of title insurance policies. The Loan policy insures the lender while an Owner’s policy insures the purchaser
The loan policy of title insurance is issued to the lender in a property transaction. This policy assures the quality of the title which the purchaser pledges as security for the loan. The loan policy protects the lender against loss due to defective titles. The loan policy does not protect the purchaser from title defects. The purchaser insures his interest through an Owner’s Policy of Insurance.
The owner’s policy of title insurance is issued to the purchaser in a property transaction. This policy is not required by lenders but gives you the purchaser the same guarantees given the lender through the loan policy. Is this important? What if a previously uncovered matter arises affecting the past ownership of your property? The title insurance company will only defend the interest of the lender if you are not covered. Your legal expenses to defend your claim will be your responsibility. In case of a loss, the title insurance company will cover the loss to the lender. The uninsured owner is out his down payment, any accumulated equity, his home and property, and he is still responsible for the unpaid balance of the loan. This is why you need an owner’s policy which can be issued at the same time as the loan policy for a small additional fee
Here are some of the hidden risks that can cause an encumbrance on your title:
Title insurance will provide for defending against any lawsuit against your insured title and will either clear up the title problems or pay the insured’s loss. An owner’s title insurance policy protects you for as long as you or your heirs retain the property.