What Protection Does
Title Insurance Give?
It insures that the "record" title, is good subject
only to the exceptions expressly set out in the Policy. It also
insures against certain matters which do not appear of record,
such as forgery, identity of parties, incompetence of former owners,
interest of missing heirs, and status of individuals not having
the "right" to sell property.
What Risks Are Not Covered?
The standard owners policy and standard mortgage policy are based
on public records of the recording district in which the land
is located. It does not insure against matters which would only
be disclosed by actual inspection or survey of the property. It
does not insure against certain matters not shown by the public
records such as unrecorded easements, liens or money obligations;
unrecorded utility rights of way, public or private roads, community
driveways and other types of encumbrances, or against the rights
or claims of persons in possession of the property which are not
shown by the public records.
Can Protection Be Obtained Against Matters
Not of Record?
Upon application, the issuing company may specially cover matters
which are disclosed by a physical inspection and/or a survey of
the property, subject to any exceptions which the inspection will
determine to be proper. An additional risk premium is charged
for this type of coverage. Insurance of this kind is called gextended
coverage.h
Are There Different Kinds of Policies?
Yes. Ownersf Policies are issued to real estate owners. Purchasersf
Policies are issued to purchasers of real estate under contract.
Mortgage Policies are issued to mortgage companies. In addition
there are several other special forms of policies. There is a
type of policy to meet the requirements of almost any form of
real estate transaction.
When Is the Policy Issued?
An owner's policy protects only the owner while a Mortgage policy
protects only the holder of the mortgage on the property. Separate
policies are required to protect both interests. Special rates
are available when both Owner's and Mortgage policies are applied
at the same time.
The Owners Policy of title insurance usually is issued after
the deed to the buyer is 'delivered' and recorded. A Purchasers
Policy is usually issued after the contract has been executed
by both parties or after the signed contract has been recorded.
The mortgage policy of title insurance is usually issued after
the mortgage or deed of trust has been properly executed and recorded.
If I Was Insured When I Bought the Land,
Why Should I Have It Re-Issued to My Purchaser When I Sell?
The coverage of your policy is against all matters that appeared
of record up to the date of issuance of your policy. Since that
time many documents may have been recorded, some of which may
affect the title to your land. Taxes and assessments may have
accrued and be unpaid. There may have been actions in court affecting
your title. The purchaser is entitled to have full information
and protection as to the condition of the title right up to the
date of his purchase. In addition, there may be matters of record
which would prevent either the seller or buyer from selling, buying,
or mortgaging land until such matters have been cleared. These
items include such things as federal tax liens, judgments, incompetence,
divorce actions and other conditions which the title search may
disclose.
How Are Premiums for Title Insurance
Determined?
Title Insurance Premiums are determined by the amount and type
of coverage provided. Unlike other insurance premiums, however,
the title insurance premium is paid only once as the policy is
effective for so long as title or "ownership" remains
in the name of the insured, or his heirs or devises. Rates are
filed with the insurance commissioner who regulates the activities
of title insurers.
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