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You Just Bought Your Client Title Insurance!

By
Real Estate Agent with RE/MAX Executive

We had another settlement on new construction yesterday and the title attorney was relating a story to us about a couple earlier in the day who had settled.  Everything was done, checks disbursed, and then the buyer said he did not want the owner's title insurance.  Their Realtor said, "Oh you don't need that, it's new construction."  The attorney had to re-do all of the paperwork and take off the $300 for the title insurance.  That $300 may sound like a nice savings, but you have to think about what it protects you from.  The house on this particular location is new, however the land has been there from the beginning of time.  Every time that piece of property changes hands, paperwork has to be filed and recorded properly.  Every single owner has to have signed those papers.  If somewhere along the line one of the owners did not sign off their property rights and one of their HEIRS discovers this, they can lay claim to YOUR HOUSE. 

Recently we had a settlement where about 50 years ago, one of the owners did not sign paperwork and he has since died.  The title attorney tried to find heirs and could not find any, but the fact that there was a break in the chain somewhere means the title has a defect that will stay with it.  If an heir does appear somewhere along the line, my client is PROTECTED by his title insurance.  The title company insured the property knowing there was a defect and you bet we recommended that he have title insurance.  This same client just bought an investment property last week and reminded us of the story of his personal home and said YES when asked if he wanted title insurance on this property. 

Do title companies get many of these claims?  No.  Is there a high risk that it will happen to you?  No.  As with all insurances, obviously they make more money on premiums than they spend on payouts but these policies give us peace of mind.  If there is a claim against your home or your clients home that you told them not to get title insurance for, then it is a very big deal and you'll wish you had recommended that your clients purchase that owner's title insurance.  The mortgage company requires title insurance to protect themselves for a reason.

It's a small price to pay to be able to sleep at night.  Realtors - if you tell your client you are "saving them money!" like a hero and something happens later on with their title, you just bought the rights to pay off that claim.

 

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To list your property for sale or to purchase a property in Maryland, call Lisa & David Webber, Licensed Realtors® at 410-320-0242.  For more information on our services, please visit our profile or our website

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To list your property for sale or to purchase a property in Anne Arundel or Howard Counties as well as parts of Prince George’s, Calvert, and Montgomery Counties, call Lisa & David Webber, Licensed Realtors® at 410-320-0242.  For more information on our services, please visit our profile or our website.  Find us on google+, and twitter.

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Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

Title insurance is a minimal expense for a potential big loss. Buyers need to understand.

Mar 01, 2011 01:15 AM
Leslie Helm
Tennessee Recreational Properties - Jamestown, TN
Real Estate For Trail Riders

Hi, David and Lisa. I find  that most buyers are confused by title insurance. They often think that it is included in the the title search, or the Abstract Of Title. Not only that, when they see it as a line item on a HUD during financing, they think they have purchased it and are protected when, in fact, it is the mortgagee who is protected; they need to buy their OWN title insurance, in addition to that!

Mar 01, 2011 01:27 AM
Stephen Howell
Coldwell Banker Residential Brokerage - Annapolis, MD
Annapolis MD Homes For Sale 443-994-8043

My favorite title insurance story has to do with a deeded parking garage in downtown Boston and happened a number of years ago to a very good friend of mine.  Advance disclaimer: I wasn't involved in the transaction at all.

My friend purchased a two-car garage for about $100,000 (I know!!!) and at the settlement table elected to NOT purchase title insurance.  Several years later, the new owner of a condominium unit filed a claim in court claiming ownership of the garage on the basis that the garage was improperly severed from the unit back when the garage was sold.  Anyway, to make a long story very, very, very short, my friend spent many years and went to great expense in court attempting to defend his ownership of the garage.  In the end, he lost ownership of the garage, lost the money he invested to purchase it, was out the legal expense associated with attempting to defend his ownership in the garage, and ended up parking his very expensive car on the street for the whole period of time (I know, the indignity of it all).

Title insurance might have at least covered his initial investment were the defect have been a covered loss, it might have even covered legal expenses associated with defending his ownership.  But without title insurance this buyer was essentially "self insuring" with a 100% deductible, meaning he was covering himself up to the full price of the property!!!

Mar 01, 2011 01:35 AM
David & Lisa Webber
RE/MAX Executive - Crofton, MD
www.webberteam.com

Yes Gary, and it's our job to help them understand to protect their investment!

Mar 01, 2011 01:49 AM
David & Lisa Webber
RE/MAX Executive - Crofton, MD
www.webberteam.com

I've seen that Leslie and I didn't understand it years ago when we bought our home either.  What is surprising is how many Realtors don't understand it and why it is important.  Some see it as a great way for them to save their clients some money and maybe justify their representing of the client?  Being a buyer's agent is a whole lot more than saving your client a couple hundred bucks at settlement!

Mar 01, 2011 01:52 AM
David & Lisa Webber
RE/MAX Executive - Crofton, MD
www.webberteam.com

Stephen, that is awful, wow!  But it's a great explanation of why title insurance is so important.  Most of the time you won't ever use it but if you need it, you really need it!

Mar 01, 2011 01:53 AM