Title Insurance is indemnity insurance against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage liens.
Title insurance exists in the United States in great part because of a comparative deficiency in the U.S. land records laws.
Title insurance is meant to protect an owner’s or a lender’s financial interest in real property against loss due to title defects, liens or other matters.
Humans are involved in recording deed transfers and plotting land parcels, so title insurance will protect you against defects and human error.
It will defend against a lawsuit attacking the title as it is insured, or reimburse the insured for the actual monetary loss incurred, up to the dollar amount of insurance provided by the policy.
Title insurance premiums are paid once and the fee is due when you buy. You will never pay it again. Typically, the buyer pays for the lender’s coverage.
Five U.S. national families of title insurers:
First American Corporation
Fidelity National Financial
LandAmerica
Stewart
Old Republic International
Owner’s Title Policy Coverage
The owner’s policy assures a purchaser that the title to the property is vested in that purchaser and that it is free from all defects, liens and encumbrances except those which are listed as exceptions in the policy or are excluded from the scope of the policy’s coverage. It also covers losses and damages suffered if the title is unmarketable. The policy also provides coverage for loss if there is no right of access to the land.
Lender’s Title Policy Coverage or Loan Policy
Loan policy it is issued only to mortgage lenders. It follows the assignment of the mortgage loan. The title insurance benefits the purchaser of the loan if the loan is sold. These policies greatly facilitate the sale of mortgages into the secondary market, such as purchasers like Fannie Mae and Freddie Mac.
Title Policy Coverage: Mechanic’s liens and unrecorded liens, Unrecorded easements and access rights, Defects and other unrecorded documents
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