 Protecting
your Home Investment A home is usually the largest single investment
any of us will ever make. When you purchase a home, you will purchase several
types of insurance coverage to protect your home and personal property. Homeowner's
insurance protects against loss from fire, theft, or wind damage. Flood insurance
protects against rising water, and a unique coverage known as title insurance
protects against hidden title hazards that may threaten your financial investment
in your home.
Protecting Your Largest Single Investment
Title insurance is not as well understood as other types of home insurance, but
it is just as important. You see, when purchasing a home, instead of purchasing
the actual building or land, you are really purchasing the title to the property
- the right to occupy and use the space. That title may be limited by rights and
claims asserted by others, which may limit your use and enjoyment of the property
and even bring financial loss. Title insurance protects against these types of
title hazards. Other types of insurance that protect your home focus on
possible future events and charge an annual premium. On the other hand, title
insurance protects against loss from hazards and defects that already exist in
the title and is purchased with a one-time premium. Two
Kinds of Title Insurance benefit You in Two Ways There are two basic
kinds of title insurance: - Lender or mortgage protection
- Owner's
coverage
Most lenders require mortgage title insurance as security
for their investment in real estate, just as they may call for fire insurance
and other types of coverage as investor protection. When title insurance
is provided, lenders are willing to make mortgage money available in distant locales
where they know little about the market. Owner's title insurance
lasts as long as you, the policyholder - or your heirs - has an interest in the
insured property. This may even be after you have sold the property.
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. What
does Your Premium Really Pay For? An important part of title insurance
is its emphasis on risk elimination before insuring. This gives you, the policyholder,
the best possible chance for avoiding title claims and loss. Title insuring begins
with a search of public land records affecting the real estate concerned. An examination
is conducted by a title agent or attorney on behalf of its underwriter to determine
whether the property is insurable. The examination of evidence from a search is
intended to fully report all "material objections" to the title. Frequently, documents
that don't clearly transfer title are found in the "title chain," or history,
that is assembled from the records in a search. Here are some examples of documents
that can present concerns: - Deeds, wills and trusts that contain improper
wording or incorrect names;
- Outstanding mortgages and judgments, or a
lien against the property because the seller has not paid his taxes;
- Easements
that allow construction of a road or utility line;
- Pending legal action
against the property that could affect a purchaser; or
- Incorrect notary
acknowledgements.
Through the search and the examination, title problems
are disclosed so they can be corrected whenever possible. However, even the most
careful preventative work cannot locate all hidden title hazards. Hidden
Title Hazards - Your Last Defense In spite of all the expertise and
dedication that go into a title search and examination, hidden hazards can emerge
after closing, resulting in unpleasant and costly surprises. Some examples of
hazards include: - A forged signature on the deed, which would mean
no transfer of ownership to you;
- An unknown heir of a previous owner
who is claiming ownership of the property;
- Instruments executed under
an expired or a fabricated power of attorney; or
- Mistakes in the public
records.
Title insurance offers financial protection against these
and other covered title hazards. The title insurer will pay for defending against
an attack on title as insured, and will either perfect the title or pay valid
claims. All for a one-time charge at closing. Your home is your most important
investment. Before you go to closing, ask about your title insurance protection,
and be sure to protect your home with an owner's title insurance policy.
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