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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 “extended coverage.”
Are There Different Kinds of
Policies?
Yes. Owners’ Policies are issued to real estate owners.
Purchasers’ 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.
