Category: Finance, Real Estate.
The buyer pays the premium at the time of closing.
Before you purchased the house it may have gone through several ownership changes, and the land on which it stands might have gone through many more. Title insurance protects against loss arising from problems connected to the title to your property. There may be a weak link at any point in that chain that could pop up to cause trouble. Or there may be unpaid real estate taxes or other liens. For example, someone along the way may have forged a signature in transferring title. Title insurance covers the insured party for any claims and legal fees that arise out of such problems.
Coverage ends on the day the policy is issued and extends backward in time for an indefinite period. (This is in stark contrast to property or life insurance, which protect against losses resulting from events that occur after the policy is issued, for a specified period into the future. ) The title insurance required protects the lender up to the amount of the mortgage, but it doesn t protect your equity in the property. Title insurance protects against losses arising from events that occurred prior to the date of the policy. For that you need an owner s title policy for the full value of the home. In other areas, borrowers must buy it as an add- on to the lender policy. In many areas, sellers pay for owner policies as part of their obligation to deliver good title to the buyer. I recommend doing this because the additional cost, above the cost of the lender policy you have to get, is relatively small. When they sell, the lender will, however require the purchaser to obtain a new policy.
Protection under an owner s policy lasts as long as the owner or any heirs have an interest in or any obligation with regard to the property. That protects the lender against any liens or other claims against the property that may have arisen since the date of the previous policy- in other words, against something you may have done. You will probably be required to get the lien removed before you can sell the property. For example, if the contractor you failed to pay for remodeling your kitchen places a lien on your home, you are not protected by your title policy: the lien was placed after the date of the policy. But in the event the lien hasn t been removed and a search has failed to uncover it, the new lender will be protected by a new policy. Unlike mortgage insurance, where the carrier is always selected by the lender, borrowers can select the title insurance carrier. You can shop around for title insurance.
Few do, however. This means that competition among title insurers is largely directed toward these professionals who can direct business rather than toward borrowers. Most leave it up to one of the professionals with whom they re dealing: the real estate agent, or their attorney, the lender. And it can pay to shop around. I would certainly shop in states that do not regulate title insurance rates: Alabama, Georgia, District of Columbia, Hawaii, Indiana, Illinois, Massachusetts, and West Virginia, Oklahoma. It s difficult to generalize because market conditions vary state by state, and sometimes within states.
You would be wasting your time shopping in Texas and New Mexico, because these state set the prices for all carriers. In the remaining states it may or may not pay to shop. Florida also sets title insurance premiums but not other title- related charges, which can vary. Insurance premiums are the same for all carriers in" rating bureau states" : Pennsylvania, New Jersey, New York, Ohio, and Delaware. Yet in some there may be flexibility in title- related charges. These states authorize title insurers to file for approval of a single rate schedule for all carriers through a cooperative entity. More promising are" file and use" states- all those not mentioned above- that permit premiums to vary between insurers.
Just keep in mind that those likely to be the best informed are also likely to have an interest in directing your business in the direction that s to their advantage. It s a good idea to ask an informed but disinterested person whether it pays to shop in the area where the property is located. Title insurance protects against losses that might occur due to another party claiming ownership of the property. Title insurance will pay your legal fees if you have to go to court to defend the deed, and if you lose the property, the title insurance will cover your loss up to the amount of the policy. Title insurance covers: Issues missed by the title examiner Issues missed when a deed or other public document is determined to be invalid or forged Liens from unpaid taxes or from a former owner. Keep in mind that if you ve owned the property for a few years and it has risen in value, the title insurance policy you purchased at closing will only reimburse you for the original amount, not for the new value of the property.
Isn t it his or her job to make sure the title is clear? " Yes, it is. but unexpected problems can pop up- title insurance is a cheap way to avoid the cost of major problems that could pop up. You may be thinking, "Wait a minute. if I pay an attorney to perform a title search, why do I need title insurance?
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