A policy of title insurance is a contract
of indemnity between the insured and the insuring company relating
to the title to the land described in the policy, protecting the
insured against loss of damage by reason of defects, liens or
encumbrances of the insured title existing at the date of the
policy and not expressly excepted from its coverage.
The policy is issued after a complete search and examination
of the public records and shows the condition of the record title,
including any money obligations outstanding against the property,
easements and other matters which may affect the rights of ownership,
possession and use of the property.
Title insurance protects the "record" title, insuring
it is good subject only to the exceptions expressly set out in
the policy. lt 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.
There are different types of policies. 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. |