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Does Title Insurance Really Protect You?

By
Real Estate Broker/Owner with Envelope Real Estate Brokerage Inc

Does Title Insurance Really Protect You? We all have heard horror stories about home insurance, car insurance or traffic insurance not covering an accident or claim after the fact.

You purchase insurance with the assurance that you will be covered or are told that you will be covered if such & such occurs etc.

Fortunately, like life insurance, we have not had to make a claim. It is when you make a claim that all of a sudden you find out that you are not covered.

This month a client who's home was to close found out that there were easements on her property and the purchaser wanted a substantial discount in price to close. Her lawyer, through which she purchased title insurance when she bought the home, 5 years ago , and title insurance say that's too bad, we did our job and your client is not covered in any way.So, the home did not sell and we have re-listed the home showing this easement and explaining why the home did not close.

Everyone we talk to say that insurance should cover it but to no avail. (yet). This turn of events has really ruffled my feathers and I am pursuing justice and remuneration for my client with a determination that shoddy legal work, the practice of the wolves protecting the sheep (this title insurance company was formed and operated by lawyers) and that the fallacy and discrepancy in insurance coverage will be made known to the public and these practices be remedied by the so called safe guards in place.

I am gathering as much information as possible and if you or your clients have experienced issues with Title Insurance in Ontario or Canada, please let me know.

Obviously no names are published here to protect me, as I realize I am like David going after Goliath but the stories I am hearing proves that this is not an isolated case.

In reviewing my files, I have had hundreds of purchasers use title insurance and fortunately have never had to make a claim. But what if they had to? Would they be covered?When representing a purchaser in the future, advise them that lawyers use title insurance 99% of the time and perhaps they should find out what is not covered!

Keep tuned, there will be more to the story!

Posted by

Ty Lacroix Broker of Record & Owner

          

'NOT ALL REALTORS* ARE THE SAME', One call or email to me and you will know why!

Your London and S/W Ontario source for results!

519-435-1600   www.enveloperealestate.com

Dan Benefield
Benefield Realty - Decatur, GA

Interesting post Ty. In my area, an easement on a piece of property doesn't necessarily affect title to the property. A piece of property can have marketable title whether it has an easement on it or not. It is generally sold "subject to" any easements, ie., storm sewer lines & the like.

May 19, 2010 07:41 AM
Ty Lacroix
Envelope Real Estate Brokerage Inc - London, ON

Dan:

Exactly but when you get 2 lawyers involved and perhaps ( who can pee the furthest) common sense and practicality gets thrown out the window.

Ty

May 19, 2010 08:01 AM
Darla Maddalone
Bend Oregon Homes Online-Principal Broker, SFR, CSP - Bend, OR

Hi Ty,

Was a written claim made on the Title Insurance policy with a written denial of coverage?  There are many different types of title insurance - Owner's Policy, Lender's Policy, etc. and Standand, Extended, Alta, etc.  Was the easement disclosed in the original title report but just never questioned? 

So many questions and so many variables.  I would look to the reason for denial and use that as a starting point.  Good luck!

 

May 19, 2010 09:54 AM
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

Ty,

There really are lots of things not covered by title insurance. But, you can still sue the lawyers for matters not covered under the policy.

Brian

May 19, 2010 02:29 PM
Ty Lacroix
Envelope Real Estate Brokerage Inc - London, ON

Carla: The easement was never disclosed when they purchased the property and has been in place for 30+ years. I will be adding more to this as time goes on.

Ty

May 20, 2010 03:43 AM
Ty Lacroix
Envelope Real Estate Brokerage Inc - London, ON

Brian:

Action was taken today and thanks for your comments

Ty

May 20, 2010 03:43 AM
Kathy Clulow
Uxbridge, ON
Trusted For Experience - Respected For Results

Ty - Insuranceis an I can't loose business for the insurance company even yourown Insurance company does not look after yourbest interests they do what is best for them ..... I recently heard of an insurancecompany settling a claim with out even talking to their insured who was not "at fault" Now their insurance is going up thru no fault of theirs. Every time something happens that cost them (the insurance companies) more than a few dollars they adjust their policies so that is no longer a covered item.

May 20, 2010 11:18 AM
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

Ty,

Good luck with this and keep us posted. It's an important issue.

Brian

May 20, 2010 01:16 PM
Ty Lacroix
Envelope Real Estate Brokerage Inc - London, ON

Kathy, so many buyers of real estate assume they are covered for losses occuring with title, lot lines, fences and driveways, plus, legal errors.

Not true! For the 2 clients who I worked with this week and were successful in purchasing a condo and a house, I had them insist that their lawyer do all the legal work and take the easy route and go with title insurance. Both lawyers refused, my clients said no problem, fired them and I found a law firm that feels the same way I do about title insurance.

Ty

May 21, 2010 06:03 AM
Ty Lacroix
Envelope Real Estate Brokerage Inc - London, ON

Brian:

I now have asked for advice from RECO because the lawyer for the seller advices his client not to sign a mutual release which would then enable us to re-list the home and sell it.

The only people being hurt are the sellers who now have 2 homes! The lawyer advised his client to find another brokerage to list their home! He of all people should know contract law but he gets paid whether he wins or loses. The sellers lose which ever way it goes and as a broker of record and my sales representative, we only get paid when we successfully close a transaction!

Ty

May 21, 2010 06:08 AM
Kathy Clulow
Uxbridge, ON
Trusted For Experience - Respected For Results

Ty - good for them if you are unhappy with what is offered you should go elsewhere ..... we all have to follow our clients instructions (within legal boundaries of course)

May 21, 2010 08:39 AM