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Get the Facts About Title Insurance!
Title insurance guards against title defects that cannot be determined from the public records, such as: a forged will or deed, undisclosed heirs, hidden marriages and
divorces, invalid court proceedings
,mistaken legal interpretations, defective deeds
confusion due to similar names , or errors in records or clerical work .
Did You Know...
A deed does not prove that the seller is the owner of the property. A deed can only convey whatever interest it's maker has, and that interest might be defective.
A policy of title insurance covers you for costs, attorney's fees and expenses to defend your title as insured, even if challenges to your title appear groundless. The extent of this defense, of course, will depend on policy coverage, and what would be reasonable, in consideration of the costs of settlement.
Like other insurance, you must buy your own title insurance policy in order to be protected. Even if the seller has a recent policy, it is no guarantee that a claim against your title will not materialize. There may also be problems with your title because of things the seller did or did not do - such as not paying the taxes, or not fully settling agreements with contractors who have worked on the land.
A policy of title insurance is a contract of indemnity. It promises to reimburse you financially for losses due to covered defects in your ownership rights.
A lender's title insurance policy does not insure a buyer against title risks. If your title is defective, the title insurer pays the lender for it's loss , with the mortgage note is then turned over to the company.
Unlike other forms of insurance, a policy of title insurance requires only one premium to keep your property fully protected for as long as you own it. The policy even protects your heirs, should you die.
Condominiums are protected by title insurance just like a single-family dwelling. A policy is issued for each condominium unit.
Forgery - while thankfully infrequent - is hardly rare. It is an increasingly vexing white-collar crime which title insurance can protect against.
In 1640 the Colony of Massachusetts passed the first "registry act", a system of recording land sale documents in the public records. This system was later adopted by many states, and forms the foundation of modern land title evidence methods .
Land title insurance is an American innovation. It was first developed in the 1870's in answer to a long series of land ownership failures involving forged records, inaccurate record searches and similar problems.
Title insurers are regulated by the state and maintain statutory reserves to protect their policy holders.
You can obtain title insurance protection for most types of interests in real estate, including leaseholds, rights under a contract of sale, airspace rights, and easements.
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