Title
Insurance definition –
title insurance insures the status
of the state of title to a specific
parcel of real property. In exchange
for a premium paid, title insurance
companies assume the risk that
title to a parcel of real estate
is as it is stated to be in the
policy. A title insurance policy
indemnifies the buyer or lender
against losses suffered if title
to the property is not as the policy
states it to be.
What is the
need for title insurance?
Title
insurance provides protections against
such unforeseen elements as claims
against the title of your home that
weren't revealed during the title
search. Most title hazards will show
up during a title company's investigation
of public records, but even the most
exhaustive search may not bring all
problems to light. Title insurance
is written to provide protection
against most undisclosed risks. Other
factors that are researched are:
Easements of record
Restrictions, covenants, and
conditions
Verification of legal description
Liens or judgments
What are
some examples?
One
example would be a claim by a missing
heir or a previous owner. Other
possible claims can include liens
by laborers for unpaid work, a deed
conveyed by a married person purporting
to be single, boundary disputes,
or forged deeds. When claims are
made, the title insurance company
is responsible for satisfying legitimate
insured claims or for defending the
interests of the policy holder in
court.
Are different
kinds of title policies available?
Yes,
and generally there are two forms.
The first is lender's title insurance.
It is usually written in the amount
of the home loan and protects the
lending institution from losses resulting
from defective titles. Lending institutions
often will refuse to make a loan
unless a lender's policy is purchased.
Because lender's insurance expires
when the mortgage loan is repaid,
it does not protect the home buyer
from title defects. For this, you
need a form of title insurance called
an owner's policy. It usually is
written in the amount of the real
estate purchase price. Coverage
continues as long as a property owner,
his heirs, or persons to whom he
may bequeath it, retain an interest
in the property.