Owning a home is one of the most important
parts of the American dream, but having the
deed to a piece of land does not necessarily
mean the property is yours free and clear.
Other people may have certain prior rights or claims that your
deed will not erase. Such rights can go back all the way to
the earliest owners of your new property. In order to protect
your investment, you may consider purchasing title insurance.
There are two types of title
insurance policies that may
be purchased at the time a
property changes from one
owner to another: an
owner's policy and a
lender's policy. Both the
owner's policy and the
lender's policy protect the
named insured against an
unknown defect in the title of
property.
A defect may mean you
could incur additional costs
in the future or even lose
legal title to the property if
the defect is not resolved
before you take possession.
If you have a title insurance policy, the insurance company
will defend your title in court and pay any settlement amount
you owe to clear the title, as long as it is a covered item.
What owner's title insurance covers
Most likely there are no hidden risks connected to your
new property. However, such risks do exist, often as a
result of errors made during past title transfers.
If an error occurred but is not discovered until you buy the
property, you may face a hidden risk and your ownership of
the property could come into question. Owner's title insurance
protects you from such errors, as well as:
.................
Protects you from financial loss due to covered claims
against your title, up to the face amount of the policy.
Pays your legal costs if the title insurance company is
required to defend your title against covered claims.
Pays successful claims against your title, up to the
face amount of the policy.
Continues protection after you no longer own
the property.
Forged deeds, releases, or wills
Undisclosed or missing heirs
Misinterpretations of wills
Liens for unpaid estate, inheritance,
income or gift tax
False impersonation of the true owner
Confusion caused by similar names
Signatures of minors or persons who
are not mentally competent
Signatures of persons represented as
single but who are actually married
Errors in recording legal documents
Clerical errors in public records
Invalid documents executed under an
expired power of attorney
Fraud
Invalid divorces
Unpaid child support lien
Unpaid taxes (local, state, federal)
Unrecorded easements (rights of way)
Here are a few of the most
common hidden risks that can
cause a loss of title or create an
encumbrance on the property:
Title Insurance
Who Owns What?
offer "simultaneous issue credit" as long as you buy the
owner's insurance within 30 days of closing (and buying
the loan policy).
Simultaneous issue credit decreases the amount of your premium. If the house you are buying was owned by the seller for only a few years, check with the seller's title company. You may be able to get a "re-issue rate," because the time between title searches was short.
If no claims have been made against the title since the
previous title search was done, the insurer may consider
the property to be a lower insurance risk.
Look for an "owner's title policy" with as few exclusions
from coverage as possible. Exclusions are listed in each
policy, and if a policy has many exclusions-that is,
situations under which the insurer will not pay for your title
problems-you may end up with little coverage.
Frequently Asked Questions
What does a title insurance agent do?
Title insurance agents check for defects in your title by
examining records on file at the Register of Deeds office.
These records may include deeds, mortgages, wills,
divorce decrees, court judgments, tax records, liens, and
encumbrances. If any problems are found, those items will
usually have to be cleared before the mortgage records
on file at the Register of Deeds office. If any problems are
found, those items will usually have to be cleared before
the mortgage company will loan you the money or allow
you to take possession of the property.
At the time of closing, the agent should explain the title
policy commitment, and any exclusions found on pages
numbered Schedule A and B. Once all closing papers are signed and filed, the title commitment provides coverage until the title insurance company issues the actual policy. Title insurance agents also may hold money in escrow and perform closing services for an additional fee.
Who pays for the policy?
Usually the purchaser of the property is required to buy
the lender's title insurance policy. This policy only protects
the lender's interest. Either the seller or the purchaser can
buy the owner's policy. The party who will pay for the
owner's policy can be negotiated during the purchasing
process. The owner's policy protects you, the new owner
of the property, from any defects in the title once you take
possession.
Title Insurance Tips
What does FSBO (pronounced fizzbo) stand for?
For Sale By Owner
(Between 85 to 95% of existing homes are sold with the help of a realtor.)
Mrs. Tina Devore
REALTY EXECUTIVES Lafayette
3554 Promenade Parkway, Suite A
Lafayette, IN 47909
Office: 765-807-2607
Cell: 765-418-0919
tinadevore@realtyexecutives.com
www.beyondagents.com/tinadevore
Equal Housing Opportunity If you have a brokerage relationship with another agency, this is not intended as a solicitation. All information
deemed reliable but not guaranteed.

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