Resources and FAQ’s

What is title insurance?

Title insurance is an insurance policy that covers the loss of ownership interest and protection against claims due to legal defects that may exist in the title to a specific parcel of real property and is required if the property is under mortgage. The most common type of title insurance is lender’s title insurance, which is paid for by the borrower, but protects only the lender.

What is a title “defect”?

A piece of property or asset that has a publicly-recorded encumbrance, such as a lien, mortgage, or judgment. Because other parties can lay claim to the property or asset, the title cannot be legally transferred to another party until the title problem is corrected by a title professional.

Some of the most common title defects are caused by inaccurate legal descriptions, corporate mergers and name changes, divorces, life estates, death, and wills. Unlike property and casualty insurance which insures against possible losses in the future, title insurance protects against things that happened in the past.

How can title insurers protect against the risk of a claim prior to my purchase?

Before the lender finalizes a mortgage on your property, a search of all public records is conducted by a title agent or examiner and any potential problems, such as an unpaid tax bill or an easement for right-of-way can be identified. The examiner issues a report called a commitment which lists these defects that the seller must correct prior to closing.

This report is then sent to the lender. Before lending against the property, the lender must be assured by the title company that all claims of mortgages, taxes and liens against the previous owner are addressed so the lender has first claim against the property, should you default.

How can the lender assure all existing claims are paid and the property is free and clear?

At the time of your closing, the lender provides the closing or escrow agent with a detailed list of instructions, which requires the title agent to pay off all claims as part of the closing process.

What is an Owner’s Policy?

An Owner’s Policy is typically issued in the amount of the real estate purchase price. It is purchased for a one-time fee at closing and is in effect as long as you or your heirs have an interest in the property. An Owner’s Policy protects the home buyer should a title problem arise that is covered by the policy.

What is a Lender’s Policy?

A Lender’s Policy insures the lender against loss caused by the invalidity or unenforceability of the mortgage lien which might occur as a result of a defective title or against loss of priority of the lender’s mortgage.