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Title Insurance: How Much Is Enough?

By
Real Estate Agent with RLAH@properties AB95346

Let me start by saying that, in spite of what some consumer advocates say about title insurance being sort of a rip off, I've always purchased the stuff.  I figure that it's like the life vest below the seat on an airline flight.  I'll probably never need it, but if I do, I'll really need it.  

There is a piece in today's Washington Post by Harvey Jacobs, a local real estate attorney who, if he or his firm does settlements, has an interest in everyone buying both lenders and the new "enhanced" buyers coverage.  Still, he does a great job of explaining how title insurance works and why it's a good idea.   

Title insurance is not the biggest, but certainly a significant part of buyers' closing costs.   And if you buy the "enhanced" coverage, it's even more. 

And there is one issue that I still don't get.   

In his article, Jacobs suggests that the foreclosure crisis makes it important to buy, not only the buyers' coverage, but the more expensive protection.

So my question is, why doesn't the normal coverage, which was all that you could buy until a few years ago, cover buyers who may have purchased a dodgy foreclosure.  If the proper procedures were not followed, and if somehow the previous owners were able to recover the house, wouldn't the new buyers be covered with a buyers' policy?  Or is there a whole new can of worms about to pop open?

So is the enhanced coverage just a way for the title insurance company to make more money?  Or is it something that we should recommend to our clients?  

I'd love to hear from anyone out there who really understands this stuff.  

Comments(21)

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Jim Hale
ACTIONAGENTS.NET - Eugene, OR
Eugene Oregon's Best Home Search Website

Pat -

Let me get this straight:

Some title insurers are saying they will do two levels of title insurance:   one that covers all the "old stuff" and another that covers all the "new stuff".

We all understand the "old Stuff".  None of us out here on the front lines understands the "new stuff".  We only know the "new stuff" includes questions about the trail (not of ownership of the title but) of ownership of the encumbrance (loan note).

So, in offering this higher level of title protection the title insurer would be saying, "I know enough about this black (encumbrance) box to intelligently (and therefor dependably) assess the risk and guarantee the buyer will have no problem".

Frankly, that is something the banks themselves can neither say nor do.  That's why we have had a moratorium on foreclosure activity (at least officially).

 

If this insurer knows more than anyone else about this mess, I don't blame them for tying to make a dime on it.

But if they truly have that knowledge, it's worth a whole lot more than a surcharge on a title policy.  The FED and other regulators should be paying them plenty to fix the overall mess.  

 

If, on the other hand, they really don't have special knowledge....they reveal themselves as the same kind of crooks that are leading the banks.

Nov 27, 2010 05:16 PM
Richard Iarossi
Coldwell Banker Residential Brokerage - Crofton, MD
Crofton MD Real Estate, Annapolis MD Real Estate

Pat,

I didn't read the article but have the same question...I thought Title Insurance, at its basic level, covered a flawed Title. The bankruptcy issue, IMO, certainly fall under that category.

Rich

Nov 27, 2010 10:54 PM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Pat, we were discussing this at the office the other day & haven't heard back from any attorneys yet...i look forward on some honest answers here...

Nov 27, 2010 11:45 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Pat,

Good topic..we are also waiting on some honest answers! I'll check back to see if anyone commenting has more clarification.

Nov 28, 2010 12:06 AM
Ellie McIntire
Ellicott City Clarksville Howard County Maryland Real Estate - Ellicott City, MD
Luxury service in Central Maryland

The enhanced policy means the title company and/or attorney make a little bit more of the pie. I have yet to see any of my buyers take advantage of the basic title insurance, let alone the enhanced policy.

Nov 28, 2010 01:48 AM
Marcie Sandalow
Marcie Sandalow, Compass 301.758.4894 - Bethesda, MD
Bethesda Chevy Chase DC real estate

I read the Post article, Pat.  Great discussion piece.  And thanks to David Dolbashian for weighing in. 

In a previous discussion in our office, a colleague wondered why the policy was attached to the mortgage, and not the deed.  I'm not sure that I have an answer to that one either, other than it generates a lot of money for the insurers.

Nov 28, 2010 01:51 AM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

Pat - this is a great post and asks an important question. My buyers have never taken advantage of the more expensive title insurance and although I work with a real estate attorney who says all foreclosures should be handled by a qualified real estate attorney, most clients simply don't want to shell out the extra funds.

Nov 28, 2010 02:29 AM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

thanks David for weighing in & i'm just wondering until this all plays out in a court of law whether we really know what can be challenged & what can't...

Nov 28, 2010 02:52 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Pat,

I think the Post article is fear mongering aimed at the naive and optimistically gullible!

Title insurance though is a serous matter especially in states with perpetual title. Title fraud is a problem in Nevada, I've seen it in Michigan, but there encroachment was more likely.

Fraud, encroachment or simple mistakes can be costly! You title insurance is not only limited to the amount of your loss it's also limited in how much it will pay to defend your title! If you improve your property or it simply appreciates greatly your protection is limited to the original amount of your insurance!

Unless of course you've paid to have the coverage raised.

Bill

Nov 28, 2010 04:35 AM
Cheryl Ritchie
RE/MAX Leading Edge www.GoldenResults.com - Huntingtown, MD
Southern Maryland 301-980-7566

You don't need it until you need it so this is a must do in my book. As the value goes up on a home, so does your covereage.

Nov 28, 2010 05:33 PM
Lenny Schwartz
TexasRealty.us - Austin, TX

my two cents.... i had a $10,000 mechanics lein on a property once... when it was sold the title company somehow missed my lein... i found out the property was sold and issued a claim... the title company apologized and told me that yes they made the mistake... but that it was insurance and therefore i would have to sue them... and they would fight me (that is their job they told me)... long story short... their attorneys (insurance cos have the big snakes)... told my attorney that they would fight so hard against me... that they would drag out the lawsuit that i would be eaten up with attorney fees... etc... i ended up settling and got just enough to pay my attorney...

Nov 28, 2010 09:00 PM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

I have a client who is a title company underwriter(?) or maybe his job is something else but he is in the nitty gritty part of the industry.  When he and his wife were looking at homes he would tell me scary title stories from other parts of the state.  In Columbus (Central Ohio ) the seller pays for Title Insurance for a buyer in most cases.  Our Columbus Board of REALTORS®  contract has long had that as part of the transaction.  I know moving from another part of the state to Columbus you get that added benefit.  Moving from Columbus to a part of the state where that is not the norm and part of the standard contract that would be a whammy.

I know when I was first a real estate licensee in Dayton Ohio where the seller does not pay for the title insurance other agents said a buyer should not pay to protect themselves.  My clients scary stories always made me think about Dayton closings.

Standing in a kitchen of a bank owned home yesterday, writing an offer I got queasy at the part about title insurance. 

I will have to go back and reread the Washington Post article more carefully too.

Nov 29, 2010 12:05 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Patricia, I always recommend my buyers get it. However, very few of them take it. This is something to seriously think about.

Nov 29, 2010 01:37 AM
James McGary
Agents Set Free, Inc - Irvine, CA

Ditto on Alex's post above.

Nov 29, 2010 01:40 AM
Scott Petersen
Client First, Realtors - Canton, MI - Canton, MI

Our standard PA has as a stipulation that Seller provide an "Eagle" No Exceptions policy. Of course, REO's will not pay for it, and have had several private sellers refuse. The cost is only like $50 more... which makes it a bagain even for the Buyer to upgrade if the seller refuses.

Nov 29, 2010 03:44 AM
Tom Burris
NMLS# 335055 - Baton Rouge, LA
Texas/Louisiana Mortgage Pro - 13 YRS Experience

The only people making in this biz is title companies.

They rarely pay out and make hefty profit margins

Nov 29, 2010 04:02 AM
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

Not only do I believe that everyone needs title insurance, I think it is important that the buyer Pay for and pick thier own title agent instead of relying on the sellers choice or the agents affiliated company.

70% of title work in Florida has flaws and now most are outsourcing title searches to another hemisphere. 

The title company "fiasco" in Florida confirmed that.  The state is investigating the 4 major title mills in the state for shoddy work. Depositions confirmed that 1800 pages a week we sign by the clerk that could forge signatures the best...and no one verified accuracy or read anything.

Not to mention, title insurance is rated (like car insurance) and not everyone title company has access to "A" ratings?

Eve in Orlando

Buyers need to hire the best to scrutiny the paperwork.

Nov 29, 2010 04:30 AM
Jason Burkholder
Weichert, Realtors - Welcome Home - Lancaster, PA
Associate Broker, Realtor, e-Pro, CMS

Great post, thanks for bringing this out and thanks to David in #7 for popping in, great info!

Nov 29, 2010 05:05 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

I know that enhanced policies will give you an increase in the value of your property over time, where the standard will not.  Enhanced will also protect against acts of identity theft as they pertain to liens against your home.

Dec 01, 2010 04:55 AM
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Always buy title insurance. There is a myriad of problems that can pop up, and title insurance covers many of them.

Jun 06, 2018 08:59 PM