Why you need Title Insurance
When you decide to buy a new home, you want to be sure the property will be yours and that no one else will have any liens, claims or encumbrances against your home other than your agreed mortgage. Most lenders require an insurance policy to insure their security interest against losses due to defects in your title that were not discovered at the time of the sale. The loan policy offers no protection for the homeowner. Just as lenders want security with their title policy, you should protect the equity in your new home with an owner’s title policy. For a low one-time premium you can receive the protection of a title insurance policy. Ask your title agent for an owner’s policy.
There are a few things in life more important than protecting your home. The following matters are examples of why you need an insurance policy. Remember that even the best title examination or search cannot protect your equity and home from matters not appearing in the public records. However, an owner’s title policy can protect you from:
1. Documents executed under false, revoked or expired powers of attorney
2. False impersonation of the true land owner
3. Undisclosed heirs
4. Improperly recorded legal documents
5. Prescriptive rights in another not appearing of record and not disclosed by survey
6. Failure to include necessary parties to certain judicial proceedings
7. Defective acknowledgements due to improper or expired notarization
8. Corporate franchise taxes as liens on corporate real estate assets
9. Gaps in the chain of title
10. Mistakes and omissions resulting in improper abstracting
11. Forged deeds, mortgages, wills, releases of mortgages and other instruments
12. Deeds by minors
13. Deeds which appear absolute, but which are held to be equitable mortgages
14. Conveyances by an heir devisee or survivor of a joint estate who attempts to attain title by
ill-gotten means
15. Inadequate legal descriptions
16. Conveyances by undisclosed divorced spouses
17. Duress in execution of wills, deeds and instruments conveying or establishing title
18. Issues involving delivery of conveyancing instruments
19. Deeds and wills by persons lacking legal capacity
20. State inheritance and gift tax liens
21. Errors in tax records
22. Demolition and substandard building liens
23. Administration of estates and probate of wills of missing persons who are presumed
deceased
24. Issues of rightful possession of the land
25. Issues concerning the rightful conveyances by corporate entities
26. Deeds and mortgages by foreigners who may lack legal capacity to hold title
27. Legal capacity of foreign representatives and trustees
28. Issues involving improper marital status
29. Improper modification of documents
30. Rights of divorced parties
31. Conveyances in violation of public policy
32. Misinterpretation of wills and ancillary instruments
33. Deeds by persons falsely representing their marital status
34. Claims by creditors of decendents against property improperly conveyed by heirs and
devisees
35. Issues concerning unlawful takings by eminent domain or condemnation
36. Special tax assessments
37. Real estate homestead exemptions
38. Forfeitures of real property due to criminal acts
39. Issues concerning adoption of children
40. Conveyances and proceedings affecting rights of military personnel protected by the
Soldiers and Sailors Civil Relief Act
41. Issues concerning interests noted in financial statements filed under Uniform Commerical
Code
42. Interests arising by deeds of fictitious parties
43. Adverse possession
44. Lack of jurisdiction or competency of persons in judicial proceedings
45. Community property issues
46. Utility easements
47. False affidavits of death or heirship
48. Interstate estates
49. Probate matters
50. Federal estate and gift tax liens
(*Subject to certain limitations as set forth in the policy)
The buyer chooses where they would like to have settlement… Choose Buyer’s Title