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What is Title Insurance?

What is title insurance?

An insurance policy which protects the insured against loss should the condition of title to land be other than as insured.

Why do I need title insurance?

When you buy a home, or any property for that matter, you expect to enjoy certain benefits from ownership. For example, you expect to be able to occupy and use the property as you wish, to be free from debts or obligations not created or agreed to by you, and to be able to freely sell or pledge your property as security for a loan. Title insurance is designed to cover these rights.

What does title insurance cost?

The cost varies, depending mainly on the value of your property. The important thing to remember is that you only pay once, then the coverage continues in effect for so long as you have an interest in covered property. If you should die, the coverage automatically continues for the benefit of your heirs. If you sell your property, giving warranties of title to your buyer, your coverage continues. Likewise, if a buyer gives you a mortgage to finance a purchase of covered property from you, your coverage continues to protect your security interest in the property.

If I have a problem, will I have to lose my property to make a claim?

Not at all. At the mere hint of a claim adverse to your title, you should contact your title insurer or the agent who issued your policy. Title insurance includes coverage for legal expenses which may be necessary to investigate, litigate or settle an adverse claim.

If my lender obtains title insurance, why do I also need it?

The lender's policy covers only the amount of its loan, which is usually not the full property value. In the event of an adverse claim, the lender would ordinarily not be concerned unless its loan became non-performing and the claim threatened the lender's ability to foreclose and recover its principal and interest. And, in the event of a claim there is no provision for payment of legal expenses for an uninsured party. When a loan policy is being issued, the small additional expense of an owner's policy is a bargain.

What types of claims or risks are covered by title insurance?

Standard Coverage addresses such risks as:

• forgery and impersonation
• lack of competency, capacity or legal authority of a party
• deed not joined in by a necessary party (co-owner, heir, spouse, corporate officer, or business partner)
• undisclosed (but recorded) prior mortgage or lien
• undisclosed (but recorded) easement or use restriction
• erroneous or inadequate legal descriptions
• lack of a right of access
• deed not properly recorded
  

First American's Eagle Policy covers all of the risks listed above plus:

• off-record matters, such as claims for adverse possession or prescriptive easement
• deed to land with buildings encroaching on land of another incorrect survey
• silent (off-record) liens, such as mechanic's or estate tax liens
• pre-existing violations of subdivision laws, zoning ordinances or CC&R's (Covenants, Conditions & Restrictions)
• post-policy forgery
• forced removal of improvements due to lack of building permit (subject to deductible)
• post-policy construction of improvements by a neighbor onto insured land
• location and dimensions of insured land (survey not required)

What is the difference between an Owner's Policy and a Lender's Policy?

A Lender's Policy insures that the lender has an enforceable mortgage lien and that it is secured in the proper position of collection priority. In other words, that there are either no other liens ahead of them or, if there are, they are aware of them and accept them as a part of their loan product, i.e., a second deed of trust or a home equity loan.

A Owner's Policy insures that the owner has the legal and insured right to title without interference from parties claiming a right to that property. This may be from a lost or missing heir of any prior owner or any person who may have held an ownership interest in the property and failed to convey that interest to successive owners.