What is Title Insurance?
Title insurance provides protection of real estate owners and lenders against problems due to the title in the property. Each title insurance policy is specified under conditions that must be followed.
Why would I prefer title insurance to other insurance?
Other insurance plans protect you against any future events that could occur such as a car accident or health problem. These insurance plans require you to pay a high rate annual or monthly fee to ensure continued protection. Title insurance is considerably the opposite. Title insurance plans protect you against any previous events of your piece of property and those who owned it. This insurance plan only requires a one-time rate paid at closing.
How much does this cover?
Title insurance protects you from problems from past shortcomings. These shortcomings can range from that of someone claiming a false ownership, fraud, liens, forgery, encroachments, falsely filed documents, and more. Your title insurance plan will specify all instances that you will be protected from.
The following are some of the shortcomings title insurance can protect you from.
Documents executed under false, revoked or expired powers of attorney
False impersonation of the true owner
Undisclosed heirs
Improperly recorded legal documents
Rights in another not appearing of record and not disclosed by survey
Failure to include necessary owners to certain judicial proceedings
Defective acknowledgements due to improper or expired documentation
Corporate franchise taxes as liens on corporate real estate assets
Gaps in the process of the title
Mistakes and omissions resulting in improper exporting
Improper changes to the documents
Rights of divorced parties
Conveyances in violation of public policy
Misinterpretation of wills and ancillary instruments
Deeds by persons falsely representing their marital status
Deeds by minors
Deeds which appear absolute, but which are held to be equitable mortgages
Conveyances by an heir, devisee or survivor of a joint estate who attempts to obtain title by false means
Claims by creditors of decedent against property improperly conveyed by heirs and devisees
Issues concerning unlawful takings by eminent domain or condemnation
Special tax assessments
Real estate homestead exceptions
Forfeitures of real property due to criminal acts
Forged deeds, mortgages, wills, releases of mortgages and other instruments
Do I need this?
If you are a buyer or a lender then yes, you need title insurance. This is the best way to insure against multiple possible shortcomings. Everyone in the transaction will benefit from title insurance.