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Title Insurance: Who needs it??

By
Real Estate Broker/Owner with Highland Realty, Inc 0225 099336

How many times have you gone to a closing as a listing agent and watched the drama unfold over whether or not the purchaser is going to buy title insurance? Most of the time, they are clueless about the cost and benefits. Oftentimes, the settlement agent isn’t much help because he then has to disclose that he gets to keep a big chunk of the premium as a commission. What do you do?

I am not an attorney, but I have been around long enough to know that if you are in ownership of real estate, you should seriously consider having an owner’s title insurance policy. With all the price increases over the last seven years, insurance premiums have increased too. Now they offer a scaled-down version of owner’s coverage for less cost, but if you didn’t know about it before getting to the table, how is your buyer going to make an informed decision about which one to buy?

A good example I share with my buyers involved a tract of land sold in Arlington, VA in the late 1970’s to a developer who was going to put up a building with 150 condominiums. All went well with the closing, construction and sales. In 1981, the former tract owner’s recently divorced wife discovered the land had been sold in 1979 unbeknownst to her. Her ex-husband had taken his girlfriend to closing, posing as his wife. The settlement agent had failed to verify identities of the parties to the transaction. 

The ex-wife then retained a really good attorney and proceeded to file suit for fraudulent conveyance and about ten other sustainable actions. The settlement company was no longer in business. She first got a judgment against her former husband, then went after every owner in the development, giving them the option of paying her $35,000 for an efficiency (more for larger units) or turn over possession to her. As you can imagine, this created quite a stir in the real estate and legal communities, not to mention a lot of fees. For those who had purchased the owner’s portion of the title insurance, they were fully covered. Those who didn’t had to refinance, sell or default on their mortgage, since they couldn’t turn the property over encumbered. What a mess. It provided anti-real estate professional fodder for a couple of years.

When preparing a buyer for closing, I go over a sample or draft HUD-1 and, we discuss and/or clarify each item. When I get to title insurance, you know what I recommend.

How do you handle title insurance?  As a Buyer Agent?  As a Listing Agent?

Timothy Butterworth
Taking a break - Portland, OR
I strongly recommend both, its a no brainer in my book. Everyone is covered and the insurance companies will be writing checks if something goes wrong. I keep examples to show to clients, I would like to use this one also. Had a commercial property sale in our office last year with the same situation almost. The wife at the time never signed over, What a mess that was.The husband had forged her signature and used his sister.He was trying to hide money from the wife before the divorce was final.It was an agent that caught the error and brought it to her attention after meeting the real wife.
Oct 01, 2006 03:52 AM
Brian Brady
Matthews Capital Markets - Tampa, FL
858-699-4590
I posted a great example a while back of a funny but true need for title insurance.
Oct 01, 2006 08:54 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Always recommend title insurance for buyer as well as lender.  Over the years, I have had two buyer decline title insurance. One was a cash sale of a luxury condo in a senior's community.  The buyer figured that if there were any problems with the high rise building, someone would have found out by now.  But, but, suppose the sellers falsified something??  I asked.  The seller wife had already tried to steal a chandelier from the Dining Room by claiming there never was one.  We discovered it in the walk-through.  Buyer got $1,500 and promised not to tell the buyer's husband.  Risky, risky.

The other one that failed to get buyer's title insurance was a cantankerous old goad from Chicago who said that if anything went wrong he'd come after the title attorney.  Fat chance.

Lenn Harley, Homefinders.com, http://www.homefinders.com  Serving Maryland and Virginia home buyers

Oct 01, 2006 09:43 AM
Willie Norris
Keller Williams Realty - Columbia, SC

I have not had any problems explaining the benefits of Title Insurance, but I will definitely use this example if a problem ever arises...

Oct 01, 2006 03:33 PM
Scott Daniels Florida Real Estate 2.0. Agents Earn 100% Commission.
Florida List For Less Realty, Inc. Broker/Owner. - Cooper City, FL
I always give a detailed sheet explaining what steps come with purchasing a home. I find majority of people understand the procedure of buying a home.
Oct 02, 2006 12:15 AM
Anonymous
Simon
Good information from California Dept of Insurance.

Jargons:
http://www.insurance.ca.gov/0100-consumers/0200-consumer-tools/0300-compare-premiums/title-terms.cfm#Escrow

Compare Premiums:
http://www.insurance.ca.gov/0100-consumers/0200-consumer-tools/0300-compare-premiums/index.cfm

Complaints:
http://www.insurance.ca.gov/0100-consumers/0200-consumer-tools/0500-complaint-study/index.cfm
Oct 09, 2006 12:30 PM
#6
Matthew Doyle
Maryland Department of Commerce - Frederick, MD
Matt Doyle
Good example....I think I will post a couple horrior stories of my own...LOL.  It is always a good idea to have title insurance coverage, also agents, you really don't want to be a determining factor in the non purchase of title insurance.  Belive me I have had agents sit at the settlement table and tell their clients not to get it.  Hummmmm who will they be coming after if there is a claim or issue????
Jan 11, 2007 03:00 AM
FRANK LL0SA Esq.- Northern Virginia Broker .:. FranklyRealty.com
Northern Virginia Homes - FRANKLY REAL ESTATE Inc - Arlington, VA

I have a detailed blog about title insurance. I feel people buy it without understanding it.

http://activerain.com/blogsview/34235/Owner-s-Title-Insurance 

Feb 21, 2007 05:24 PM