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Title Insurance

What is 'Title'?

Simply stated, ‘title’ refers to your lawful ownership of a property and your right to use, modify and transfer that property to other parties.

It is important that your title – your legal ownership of a property – is not in question or jeopardized. ‘Clear and free title’ indicates that your legal ownership rights are not compromised due to ‘defects in title’. Defective title can compromise and even completely strip you of your ownership rights to a property. A defect in title can be caused by:

  • Open Mortgages
  • Judgments/Liens
  • Forged Documents
  • Falsified Records
  • Federal Tax Debt

Title insurance protects you for 100% of the property’s value against loss from defects or issues in the title to a property such as an unknown heir claiming ownership, improperly recorded documents, fraud, forgery, liens, encroachments and easements. Moreover, title insurance companies defend against lawsuits attacking your title, or in the case of a covered loss, reimburse the insured up to the full value of the home. Different policy types are subject to specific terms.

No. Most insurance types provide coverage for events that have not happened yet (e.g. a car accident or medical emergency). For example Homeowners Insurance protects you against fire, theft, or any other type of property damage. But what happens if a mechanic places a $50,000.00 lien on your property just days before you bought it? What if a grandson forges his grandparents’ signatures to convey their property to himself which he then sells to you? A Homeowner’s Title Insurance policy insures against events that occurred during the past history of the real estate property and with the people who owned it.

Title Insurance: How much does it cost?

Auto, life, or health insurance coverage protects against potential future events and is paid for with monthly or annual premiums. Title insurance is purchased with a one-time premium that is on average 0.05% of the home’s purchase price. Unless you decide later to add more coverage, you pay for title insurance only once.

Using the national average cost of a Homeowner’s Title Insurance policy, if you live in your home for five years the annual cost for your title insurance policy would be less than $200 a year. That’s pennies on the dollar. By comparison, the national average cost of a homeowner’s insurance policy is over $700 per year, which is paid every every year.

Depending on local practices and state law where the property is located, you may pay an additional premium for an owner’s policy or you may pay a simultaneous issue charge – usually a smaller amount – for the separate lender coverage. You may even split settlement costs with the seller for the lender or owner’s policy.

A Lender’s title insurance policy lasts until the loan is paid off. Owner’s title insurance lasts as long as you, the policyholder or your heirs have an interest in the insured property. Your one time premium payment gives you coverage that lasts as long as you or your heirs own the land. Depending on your policy provisions, it also may provide warrantor’s coverage after you no longer own the property. Policy language has changed over time, so read the continuation of coverage provisions in our title insurance policy guide.

Is Title Insurance mandatory?

Nearly half of all real estate transactions encounter issues and defects in title. Because of this, if you take out a loan from a mortgage lender to buy a home you are required to purchase a Lender’s Title Insurance Policy. This policy protects the lender from known or unknown defects at the time of the sale and increases their willingness to make mortgage money available in distant locales where they know little about the market.

Millions of homebuyers enjoy the confidence and peace of mind that Homeowner’s Title Insurance affords them. Unlike a Lender’s Title Policy, homebuyers have the option of choosing not to purchase title insurance.

You pay for title insurance only once, when you buy the policy, unless you decide later to add more coverage. Keep your policy, even if you transfer your title or sell the property. Coverage lasts as long as you or your heirs own the land, and it may last forever for any title warranties made when you sell the property.

Yes, but you would have to pay for another title search. Since you paid for a title search prior to buying your home for the purpose of issuing the lender’s title insurance policy, you would save this cost by purchasing your title insurance policy when you buy your home.

Coverage Comparisons

There are two policy types that provide homebuyers protection and coverage from defects in title. The Standard Owner’s Policy provides comprehensive coverage for defects and liens up to the date and time your deed was recorded. The ALTA Homeowner’s Policy offer enhanced coverage, including additional risks that may occur after closing.

Homeowner’s Title Policy

Enhanced

  • Fraud, forgery, or duress affecting title
  • Liens or encumbrances on title
  • Lack of right of legal access to and from land
  • Easements or restrictions affecting your use of land
  • Unrecorded Easements
  • Encroachment of neighbor’s buildings onto your land
  • Mechanic’s liens (lien due to nonpayment of work)
  • Taxes because of prior construction or change of ownership
  • Tax or assessment not shown in public record
  • Third-party claims
  • Defective recording or execution of documents
  • Coverage continues as long as you own the policy
  • Policy insures anyone who inherits the property
  • Policy insures trustee or beneficiary of a trust

Homeowner’s Title Policy

Standard

  • Fraud, forgery, or duress affecting title
  • Liens or encumbrances on title
  • Lack of right of legal access to and from land
  • Third-party claims
  • Defective recording or execution of documents
  • Coverage continues as long as you own the policy
  • Policy insures anyone who inherits the property
  • Policy insures trustee or beneficiary of a trust

Refinancing

Why do homeowners refinance?

Refinancing is often used by homeowners who are interested in lowering their interest rates, changing their mortgage type, debt consolidation, or using real estate equity to make funds available for renovations or home repairs.

How much does refinancing cost?

Though less expensive than the closing costs for a purchase money mortgage loan, refinancing your existing loan will entail paying some closing costs. Every situation is unique however, in many cases, paying the closing fees to refinance may translate to you paying less for your mortgage over time. A licensed loan officer can help you determine how and when a refinance is be financially advantageous for you.

Do I have to purchase a new Lender’s Title Policy?

Yes. Every time a lender loans funds in a real estate transaction, be it to purchase or refinance a home, they require title insurance in order to be insured against any possible title defects.

Will a Lender’s Title Policy impact my monthly payment?

No. Title insurance is always a one-time cost when you buy your home and when you refinance. The premium amount is paid at closing.

Sellers

Closing Costs: Do I have to pay them?

Closing costs for selling a home vary depending on the terms of the contract between you and the buyer. Sellers are not obligated to pay for the buyer’s closing cost however there are recordation taxes, agent commissions, and title fees that you must be kept in consideration. The best way to estimate your closing costs is to submit an order.

Any property taxes that are past due are your responsibility to pay off before or at closing. Depending on factors like when you close and if your tax bill is current, you will pay a prorated amount of property taxes for any time spent in your home that you haven’t already paid for. Conversely, if you paid property taxes that covers a period where you will no longer reside in your home, you will receive a credit back at closing.

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