| close your purchase or sale. You
may have questions about the process and be unsure of where
to turn for personal attention.
What you need is a title who is willing to take the time to
explain exactly what title insurance is and what it protects.
A title company who is who is committed to assuring that your
closing experience goes smoothly so that your mind is freed
up for all the other details that you need to take care of
at this time. First Place Title is that company!
In addition to world class customer
service and the most comprehensive title insurance available,
you will receive an additional
$250 Discount at closing when you choose
First Place Title. We will even travel to the hospital location
where you work to close your transaction!
Below are some common questions and misconceptions about
title insurance. If you have any questions or would like a
FREE quote, please contact us any time!
Q: "What is title insurance?"
A: Title
insurance is protection against loss arising from problems
connected to the title to your property.
Before you purchased your home, it may
have gone through several ownership changes, and the land
on which it stands went through many more. There may be a
weak link at any point in that chain that could emerge to
cause trouble. For example, someone along the way may have
forged a signature in transferring title. Or there may be
unpaid real estate taxes or other liens. Title insurance covers
the insured party for any claims and legal fees that arise
out of such problems.
Q: "Is title insurance necessary?"
A: It
is if you need a mortgage, because all mortgage lenders require
such protection for an amount equal to the loan. It lasts
until the loan is repaid. As with mortgage insurance, it protects
the lender but you pay the premium, which is a single-payment
made upfront.
Q: "Does title insurance even
do anything for me?"
A: The
required insurance protects the lender up to the amount of
the mortgage, but it doesn’t protect your equity in
the property. For that you need an owner’s title policy
for the full value of the home. In many areas, sellers pay
for owner policies as part of their obligation to deliver
good title to the buyer. In other areas, borrowers must buy
it as an add-on to the lender policy. It is advisable to do
this because the additional cost above the cost of the lender
policy is relatively small.
Q: "Does the lender's policy protect
me indirectly?"
A: No,
title policies are indemnity policies, they protect against
loss, and a lender policy would only cover the lender's loss.
Of course, the fact that the insurer issued a policy to the
lender indicates that the title has been SEARCHed and nothing
amiss has been found, but no SEARCH is 100% dependable. That
is why an insurance policy is issued.
Q: "When does title insurance
protection begin and end?"
A: With
the exception noted later, title insurance only protects against
losses arising from events that occurred prior to the date
of the policy. Coverage ends on the day the policy is issued
and extends backward in time for an indefinite period. This
is in direct contrast to property or life insurance, which
protect against losses resulting from events that occur after
the policy is issued, for a specified period into the future.
Q: "For how long is the property
owner covered?"
A: Indefinitely.
The owner’s protection lasts as long as the owner or
any heirs have an interest in or any obligation with regard
to the property. When they sell, however, the lender will
require the purchaser to obtain a new policy. That protects
the lender against any liens or other claims against the property
that may have arisen since the date of the previous policy.
For example, if the contractor you failed
to pay for remodeling your kitchen places a lien on your home,
you are not protected by your title policy; the lien was placed
after the date of the policy. You will probably be required
to get the lien removed before you can sell the property.
But in the event the lien hasn’t been removed and a
SEARCH has failed to uncover it, the new lender will be protected
by a new policy.
Q: "Will I be protected against
false claims after the purchase?"
A: The
standard policy does not, which is a weakness. Many events
beyond your control can reduce the value of your house after
you buy it. Identity theft can result in a new mortgage you
know nothing about. A neighbor could build on your land without
your knowledge, thereby adversely possessing and possibly
eventually taking your land. Or you may suddenly be told that
you must correct a zoning violation of the previous owner.
To deal with these issues, a new policy with expanded coverage
has been developed. It has become virtually standard in California
and is available in many other states, perhaps at a small
price increase. It is usually referred to as the ALTA Homeowner’s
Policy.
Q: "Does coverage rise with increases
in property value?"
A: No, but coverage under the ALTA
policy referred to above increases by 10% a year for the first
5 years after issuance, to 150% of the initial amount. You
can buy additional coverage as a rider to the policy.
Q: "Do I need to purchase a new
policy when I refinance?"
A: You don’t need a new owner’s
policy, but the lender will require you to purchase a new
lender policy. Even if you refinance with the same lender,
the existing lender’s policy terminates when you pay
off the mortgage. Furthermore, the lender is concerned about
title issues that may have arisen since you purchased the
property, such as the lien mentioned in an earlier question.
A new title SEARCH will uncover the lien, and you will have
to pay it off as a condition for the refinance.
Insurers generally offer discounts on policies taken out within
short periods after the preceding policy. In some cases, discounts
are available as far out as 6 years from the date of the previous
policy.
Q: "Am I guaranteed I will be
able to sell if there is an unforseen claim?"
A: No.
Title insurance does not prevent loss of marketability due
to a title claim, any more than fire insurance prevents fire.
If a claim arises, you probably won’t be able to sell
your property until the claim is settled by the title insurer.
The interest of the owner and the insurer may clash in such
cases. The owner usually wants settlement immediately, whereas
the insurer wants to minimize the cost of settlement, which
may require time-consuming negotiations with the claimant. |