BENEFIT OF TITLE INSURANCE
Buying a home can be overwhelming and owner’s title insurance is one of those items often misunderstood by homebuyers at closing. However, its value is tremendous. To help you understand how owner’s title insurance works, here are answers to common questions.
What is title insurance?
Owner’s title insurance is a policy that protects homebuyers’ property rights. For the same reasons that the bank requires a lender’s insurance policy, a homebuyer obtains owner’s title insurance to protect their legal claims to the property.
What does owner’s title insurance cover?
Sometimes undiscoverable defects can come up after the title search. Under an owner’s title insurance policy, you are protected against certain undiscovered errors in the title.
Title issues include unknown:
Outstanding mortgages and judgments, or a lien against the property because the seller has not paid his taxes
Pending legal action against the property that could affect you
Heir or interested party of a previous owner who is claiming ownership of the property including ex-spouses/estranged spouses
Unforeseeable title claims include:
Forgery: making a false document
For example, the seller misrepresents the identity of the person who sold the property.
Fraud: deception to achieve unfair gain
For example, someone steals your identity and either sells your house without your knowledge or consent, or takes out a second mortgage on the property and walks away with the money.
Clerical error: inconsistent paperwork and historical records
For example, an unforeseeable discrepancy in the property or fence line can cause confusion in ownership rights.
How does it protect?
With owner’s title insurance, you would be protected from certain legal or financial responsibilities. Say, for example, you recently purchased a new home from a builder, but the builder failed to pay the roofer. Wanting to be paid, the roofer filed a lien against the property. Without owner’s title insurance, you would be responsible for paying this existing debt—meaning you would be paying the roofer out of pocket instead of purchasing something nice for your new home, like new living room furniture. This is just one example of how owner’s title insurance protects homebuyers’ from various significant risks.
A family in Missouri unknowingly purchased their home from a seller who had taken out a separate $419,000 loan on the property. But this fact was not discovered during the closing process, and the family’s lender paid the seller directly instead of paying off the existing loan.
Soon, the family faced foreclosure because someone else held a claim against their title. Fortunately, the family had owner’s title insurance. So the title company paid the debt, and the family kept their home—with peace of mind.
This story has a happy ending, but without owner’s title insurance, the family could have faced serious costs, and even eviction.
The good news is that owner’s title insurance protects homebuyers financially, as long as they or their heirs own the home. For a low, one-time fee (average of 0.5% of purchase price), homebuyers can rest assured, knowing they are protected from inheriting existing debts or claims to their property.
DISCLAIMER: This website has been created for informational purposes only and should not be construed as legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, an attorney-client relationship. No information contained on this website is intended to be a substitute for legal counsel.