Beginners Guide to Title Insurance

by | Mar 2, 2018 | 0 comments

Beginners Guide to Title Insurance

Three Types Of Insurance For Homeowners

Insurance is protection against loss and, as a homeowner, there are specific insurance policies you may want to consider.

The first insurance policy a homeowner should consider is hazard insurance, which is sometimes known as homeowners insurance. Mortgage lenders require homeowners to carry hazard insurance so if you use a mortgage to finance your home, this will be a non-optional policy.

The second insurance policy a homeowner should consider is life insurance. This is because mortgage payments are due whether you’re alive to make payments or not.

Having a life insurance policy in place to address your mortgage payments could be a boon to your estate and to those on whom the burden of mortgage payments will fall.

The third insurance policy to consider is title insurance. Title insurance is a policy which protects you from unanticipated claims that could cause you to lose your home. Title insurance is protection against historical mistakes and fraud committed with respect to your home.

What is a title?

What is The Title?

What is title insurance? Title insurance is an indemnity insurance that protects real estate buyers and lenders against any property loss or damage they might experience because of defects, liens, encumbrances and other hidden title hazards.

The Importance Of Title Insurance

Title insurance is an optional insurance policy for homeowners. Most real estate experts recommend that you purchase it always, however. You may never need to make a title insurance claim. If you do, however, you’ll be glad your home is insured.

Imagine having to leave your home because county records show that the seller who sold you the home never really purchased it himself. In this instance — which happens! — you would be forcibly removed from your home and left without shelter.

Title insurance protects against situations such as these. When a claim is made, your title insurer will research the claim on your behalf and, if necessary, will make you whole for any loss incurred.

This may include paying your remaining mortgage balance in full, and paying relief for related expenses.

Title insurance is purchased at the time of closing and is a line-item on your settlement statement. It’s a one-time cost. Title insurance is not paid annually. Policies for a refinance transaction are often less costly than those for a purchase.

Your lender can assign your title insurer, or you may comparison shop on your own.

Examples of Some Title Issues:

  1. Deeds, wills and trusts that contain improper wording or incorrect names.
  2. Outstanding judgments, or liens against the property because sellers hasn’t paid taxes
  3. Incorrect notary acknowledgments
  4. Mistakes in public records
  5. A forged signature on the deed
  6. An unknown heir of a previous owner who is claiming ownership of the property
  7. Pending legal action against the property that could affect a purchaser

Again, none of these claims may be your fault, however, you’ll still be affected by the claim. Title insurance is protection. And your title insurer will do its best to search for issues before your closing occurs. This is known as a title search.

Title searches are hunts for flaws on a home’s title. The search is performed by the title insurer and involves an extensive hunt through public records and private databases in order to locate claims of interest to a property which currently, and previously, existed.

These claims of ownership are compiled into a document called a “title report”. The title report includes the full legal description of the property; a summary of real estate tax payments due and paid; and, recent claims made to the property along with notes stating whether those claims have been satisfied (i.e. are no longer in effect).

Title search errors are covered by your title insurance policy.

You Must Buy Title Insurance For Your Lender

Title insurance is optional coverage for a homeowner. However, title insurance for your lender is required. This is because — like you — your lender has an interest in your property.

Also like you, your lender does not want to see your home undefended, and lost, in a valid title claim.

The lender’s title policy is sometimes called a “loan title policy” and it functions in much the same way as your owner’s title policy. A title search is performed to identify encumbrances and liens and any unsatisfied claims are addressed prior to closing.

With the title policy in place, in the event of an error or claim, your lender can be reimbursed for losses.

Home sellers typically pay for a buyer’s lender’s title policy. Premiums are paid up-front at closing with nothing due over the remaining years of a loan. The policy expires when the current loan is paid-in-full. When you refinance, you will be required to get a new lender’s title policy.

Costs to re-insure a home against title defects are low.The great thing about title insurance is that the policy is purchased with a one-time premium at closing and will last as long as the policyholder has an interest in the property.

Title insurance companies are in place to protect your interest in that investment. Each title insurance policy is subject to specific terms, conditions and exclusions so please do your due diligence when finding the right person to work with. The state of South Carolina is an “Attorney” state, so most real estate attorneys are title insurance agents and can issue a title insurance policy.