What is Title Insurance and why do I need it?

Dear Mr Buyer, this is a very good question. Personally I call Title Insurance "Peace of Mind" Tax. However, Title Insurance is an insurance policy that is purchased at settlement. It's an insurance policy that protects you, the owner, against a LOSS that may arise by reason of a defect in your ownership that was not discovered prior to settlement.
For most residential properties there are two different types of policies.
  • Owners title insurance policy
  • Mortgagee title insurance policy
Unless you are purchasing a home with cash, you will need to purchase Mortgagee Title Insurance. The lender requires their assets to be insured against title defects and you agree to pay for it in your loan agreement.
Owners Title Insurance is optional, but you could be exposed to many risks that can arise after settlement if you elect to decline it. The issues could be severe enough to cause you to lose your interest in your property. Some title defects may not be discovered for months or years after the original purchase.

The following are examples of title matters that are covered by Title Insurance.
  • Forged deeds, releases, wills or other legal documents.
  • Failure of Spouses to join in conveyance
  • Undisclosed or missing heirs 
  • Deeds from minors, aliens or persons of unsound mind.
  • Errors of indexing of public records.
  • Unrecorded liens for unpaid taxes
  • Mistakes in legal documents
You will purchase your Title Insurance coverage at settlement and it is a fee that you only pay once. In Maryland the cost of  Title Insurance policies are regulated by the State insurance commission, so all Title companies will charge the same amount. The cost is disclosed to you on your good faith estimate and will depend on the cost of the property. In some States (I believe Florida is one) the seller pays for the title insurance, but in Maryland that is an expense for the buyer.

If you have any questions about Title Insurance in Maryland, feel free to call or e-mail Nancy Buell at Sage Title in Ellicott City.


If you or someone you know is thinking of Buying or Selling property in Howard County, Baltimore County, Baltimore City, Harford County, Anne Arundel County, Carroll County, Montgomery County or Prince Georges County. - or if you would like more information please give Ellie McIntire a call at 443-418-7668 or e-mail Ellie@LNF.com

 


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The McIntire Team

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Ellicott City. MD 21042

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E-mail: Ellie@LNF.com

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This post has been included in Maryland Real Estate News
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5 Comments on What is Title Insurance and Why do I need it?

FEB
09
2011
305,931 Points 10 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Ellie -  thanks for all the good stuff, very well explained.

7:10pm • #1
965,056 Points 60 Featured Posts Outside Blog Called Shot Master

Miss Ellie:  It is interesting to see which items end up as part of the seller's closing costs, and which ones are paid by the buyer.  In the overall Dallas/Fort Worth area... the seller usually pays the Title Insurance.  I would say they pay it almost 100% of the time.  But, in doing that, the seller gets to pick the Title Company that will do the title work, and also is where their "closing" will take place.

We generally tell our clients that the buyer pays for everything that they have to do to get financing approval... and the seller pays for all expenses involved in transferring the title from the seller to the buyer.  Included in that, is the title insurance.  They usually split the cost of the survey.

Also... I do not know if your part of Maryland has "round table" closings where everyone is together when closing happens, but here... the buyer has an appointment at the Title Company and signs all their papers, and then the seller does the same... both separately.

Also... as far as attorneys are concerned... the only place attorneys come in... is in what they do with the title companies.  It is almost 100% normal that neither the buyer nor the seller actually has an attorney working for THEM in the closing process... or WITH them at the closing... although either is free to do so if they wish.  In my three hundred or so years as a Realtor, I have never seen it happen, however.

I also know that in many areas, it is customary that the buyer's mortgage loan officer may also be at the closing with the buyers.  I would say that in perhaps 98% of the closings I have attended, and I attend EVERY one, the buyer's lender has not been physically "at the closing."

Funding usually takes place within a few hours of signing of both sets of papers.  Sometimes the funds have already been wired to the title company, in which case all that has to be done is the papers are wired to the lender, along with the HUD-1 for lender final approval.  That is usually done in less than an hour, and a funding number is then given by the lender to the Title Company, and then funds are dispersed, and the buyer gets the keys, unless some other prior arrangement has been made between buyer and seller.

Also... since most buyers would like to use as little cash as possible... it is not unusual for a buyer to ask the seller to pay a certain amount of their closing costs... rather than come down a similar amount on the price.

Whew !

9:01pm • #2
965,056 Points 60 Featured Posts Outside Blog Called Shot Master

Oh... you also said that Title Insurance also covers deeds that may have been signed by "persons of unsound mind."  I assume by that you meant Realtors. 

9:03pm • #3
905,565 Points 93 Featured Posts Attended Rain Camp Called Shot Master

Well said Ellie. If anyone ever has questions about title insurance, this post answers them.

9:47pm • #4
FEB
10
2011
374,842 Points 2 Featured Posts Localism Sponsor Outside Blog

Ellie - Very thorough post.  I find that many first time homebuyers don't understand why they need title insurance.  this post does an excellent job of explaining.

10:28pm • #5

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Ellie McIntire, CDPE Howard County Homes for Sale

Ellicott City, MD

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Ellicott City Clarksville Howard County Maryland Real Estate

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I am a Maryland transplant from many other places, most recently Florida, but since 1997 I have found my true home in the heart of this great State. Maryland has it all. Mountains 3 hours to the West, the Atlantic Ocean 3 hours to the East and head North and South for either Philadelphia and New York or Washington DC. It is the perfect location! The Metro Baltimore area offers a rich mix of history and modern amenities. City living, suburbia or "not a neighbor in sight" is available in this area. Excellent Schools, amazing communities and an incredible location is why many people choose to live in Central Maryland. I proudly help my clients buy and sell all types of homes in Howard County and beyond. Enjoying the entire process is my goal for my clients. Every transaction is different and everyone has different needs. I know the Metro Baltimore area well and I am current on the Real Estate Market activity- That's my job. As your "Buyers Agent" I will work diligently to find you the home that suits all your needs. I will update you immediately when a home matches your search criteria. I will educate you on the current market and help you craft the best offer possible. I will "hold your hand" throughout the entire process. As your "Listing Agent" I will coach and guide you from day one to put your best foot forward when you list your home. I will use aggressive and innovative marketing strategies to give your home the best exposure possible. I will use modern technology and multiple resources that other agents do not use. I WILL PROVIDE YOU WITH PROOF OF ALL MY EFFORTS. I am a full time agent and I my number one goal is to give you exceptional service ALWAYS.


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