
A home is usually the largest single investment any of us will
ever make. When you purchase a home, you will purchase several
types of insurance coverage to protect your home and personal property.
Homeowner's insurance protects against loss from fire, theft, or
wind damage. Flood insurance protects against rising water, and
a unique coverage known as title insurance protects against hidden
title hazards that may threaten your financial investment in your
home.
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.
There are two basic kinds of title insurance:
* Lender or mortgagee
protection,
* Owner's coverage.
Most lenders require mortgagee title 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.
An important part of title insurance is its emphasis on risk elimination
before insuring. This gives you, the policyholder, the best possible
chance for avoiding title claims and loss.
Title
insuring begins with a search of public land records affecting
the real estate concerned. An examination is conducted by a 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 "title 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 his 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 the 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.
In spite of all the expertise and dedication that go into a title
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 a 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.
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