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All About Title Insurance https://www.compareclosing.com/blog Wed, 17 Nov 2021 05:14:47 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.3 https://www.compareclosing.com/blog/wp-content/uploads/2023/07/cropped-cropped-Compare-Closing-LLC-Logo-1-32x32.png All About Title Insurance https://www.compareclosing.com/blog 32 32 162941087 What Is Owner’s Title Insurance And Why One Must Need It? https://www.compareclosing.com/blog/what-is-owners-title-insurance/ https://www.compareclosing.com/blog/what-is-owners-title-insurance/#comments Wed, 17 Nov 2021 03:27:59 +0000 https://www.compareclosing.com/blog/?p=12031 Continue Reading What Is Owner’s Title Insurance And Why One Must Need It?]]>

About Owner's Title Insurance

In the journey of home buying, many times people are only saving up for their down payment and are not aware of many things that they will have to purchase.

An owner’s title insurance is one of the most important purchases that a purchaser must make.

Let us understand what is owner's title insurance

While buying a house, a buyer needs to take care that they are not facing risks. The old homeowner’s paperwork may not have been correct, or there could have been some fraudulent activity related to the property. 

With an owner’s title insurance, the homeowners are protected against any problems related to their deed or property ownership that might come up after they buy a house.

The various potential issues are:

  • A deed filed incorrectly: The mistakes that could happen while making the deed, like it is not recorded in the buyer’s legal name, ownership of the property could be unclear.
  • Information on the deed could be false: like a forged signature or details about the property are altered.
  • Mortgage frauds: The past owner had actually not been paying the mortgage but could have made it look like a mortgage was paid leading the past lender to foreclose.
  • Liens: The statements of debt filed against the property are liens. These liens could be from a homeowners association to whom a fine wasn’t paid, a contractor who had completed some work but wasn’t paid, or from the government because the property taxes weren’t paid.
  • Encroachments: A owner’s title insurance protect the homeowner if a neighbor builds a fence or outbuilding on land because the property line isn’t clear, this impacts the property rights and protects the owner against an existing improvement that encroaches on their property.
  • Easements: Someone else, like a utility company, may have rights to a part of the owner’s property, but that’s not discovered during the buying process and it gets cleared with the title insurance.

In all these cases, it is possible for a third party to try and lay claim on the property. With title insurance the risk to a buyer who wasn’t aware of an existing problem reduces. 

Even if a title search is completed before the purchase of the property, an issue may pop up any time and it may not show until after ownership of the property.

The difference between lender's title insurance v/s owner's title insurance

The lender may make the borrower purchase a lender’s title insurance policy when getting a mortgage. 

If the ownership of the property is contested this title insurance will protect the amount they lent out. 

A lender’s title insurance policy pays the lender the outstanding amount they’re owed when someone else claims ownership of the property, and if it’s legally upheld.

But a lender’s title insurance doesn’t protect the owner or their investment. If a claim to ownership comes up, the new owner will have to pay for legal proceedings. 

The owner could also lose the money they have spent on their down payment and subsequent mortgage payments. Hence a separate owner’s title insurance policy is a wise purchase.

As long as the owner has the home the more valuable the Owner’s title insurance becomes. 

As the owner continues to pay their mortgage, they own a greater percentage of their property and have more to lose. 

A title claim can come up at any time, even after decades of being in the house. One should have an owner’s title insurance policy if they plan to stay in their home for many years.

Many times owner’s title insurance is often confused with the lender’s title insurance. 

A lender’s title insurance is usually required for the purpose of getting a mortgage loan. 

So if a question is asked as to, is owner’s title insurance is required, then the answer is no, there’s no law requiring the owner to purchase any additional policy to cover their potential losses.

Who is responsible for a title insurance policy?

In many cases, the new buyer could be in charge of covering the cost of the owner’s title insurance policy. 

While in some states of America, it is the seller who is responsible for purchasing a title insurance policy for the new owner. 

In a few other states, the purchase price of the policy is negotiated and divided among the buyer and seller. A real estate agent is the right person who can tell you how it works in your state.

What all does the owner's title insurance cover?

An owner’s title insurance policy is a one-time cost for protection against any financial loss related to a problem with the title. 

If the new owner is sued by anyone claiming that their deed is fraudulent and the property belongs to them, the policy covers all the legal fees and court costs. If the state claims for past unpaid property taxes, the policy covers those too. 

Though these are issues that one would have no way of knowing about and are not responsible for causing, yet it could cost a lot of money to fix them.

Pros And Cons of owner's title insurance

Pros of owner's title insurance:

  • Peace of mind: The homeowner doesn’t need to worry about having to pay out of pocket for a problem related to the legal ownership of their property.
  • Compared to the risk involved the cost is small: The price for an owner’s title insurance policy is relatively a small percentage of the home’s purchase, but the possible risk it covers is huge with the legal costs and the complete loss of the home.
  • A brand new home without any stress: Usually legal disputes can arise on ownership of the land where a subdivision or condominium structure is constructed. The mechanic’s liens from a contractor may also be connected to the property in case of old unpaid work.
  • If it is a very old home: With more past owners the opportunities for problems are higher. The possibility past easements or surveys that one is not aware of could put them in trouble with an owner’s title insurance getting sorted out.
  • The satisfaction that a thorough title search is done: The title companies are putting their money on the line, so they will be extra alert and make sure the title is clean.

Cons of owner's title insurance:

  • Cost: The owner could pay a large amount of money on the low chance of using the policy, so it may look like a wastage of money.
  • Do not plan to own the property for long: If the owner is flipping or living temporarily in a home they have bought, it may not be worth buying title insurance. They can check for a binder’s policy for short-term which covers 1 to 3 years.

Other things to know about the owner's title insurance

A title insurance policy can cover legal expenses and liens, along with the loss of homeowners’ down payment or monthly mortgage payments. 

Even if they have only put little or no money down, they may need a lawyer to help them get a forgery on the deed taken care of. 

There is no way of knowing that information on the deed was fraudulent, so to get it sorted out they have to pay legal fees for help. 

The owner might consider a title insurance policy if they don’t anticipate having the funds to easily pay legal expenses.

Many times when someone is buying a home from their parents, who got it from their parents, they may think there are no hidden surprises. But many a time old easements and other issues can come up from decades ago.

Conclusion

Title insurance is a type of insurance protecting homeowners against claims on the title to the property. 

If after the purchase there are disputes over title ownership, the insurance policy pays for all the legal fees to resolve them.

Title insurance is very different from other types of insurance that help cover future mishaps, it protects the policyholder from any past title discrepancies from the previous owner that might be uncovered during or after the purchase of the property.

Seek help from a lending advisor to answer all the questions about buying a home and guide you to decide about title insurance, and the costs you’ll pay to your lender.

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Know More About Title Insurance In Texas https://www.compareclosing.com/blog/about-title-insurance-in-texas/ https://www.compareclosing.com/blog/about-title-insurance-in-texas/#respond Thu, 05 Mar 2020 16:50:00 +0000 https://compareclosing.com/blog/?p=2723 Continue Reading Know More About Title Insurance In Texas]]>

About Title Insurance

If you are looking to buy a new home, on your loan estimate, you would see something called Title Insurance.

Title insurance is essential and can protect you from potential policy defects when you are buying a home. In this post, we will learn more about title insurance in Texas.

What is Title Insurance?

Title insurance is best defined as a policy that protects property owners and lenders from losses that could result from disputes over ownership of the property’s title.

Basically, you want to make sure that the seller truly has the right to sell a piece of property and that when the transaction closes that you as a home buyer would actually own it.

Title insurance is extremely important because it will protect you from title hazards that could threaten the financial investment that you made by purchasing your home and any other property.

It also protects the lender’s investment as well.

What is an Owner's Policy?

An owner’s policy is a form of insurance that guarantees that a buyer has the right to the property, meaning they legally own it. It usually covers the cost of any legal fees that arise if you have to defend your claim.

So having an owner’s policy is very crucial because it will protect in the future. The policy ensures your claim to the property and mentions that the said title company has provided you with an owner’s policy.

It will help cover you if anybody tries to challenge your claim to that property.

What is a Lender's Policy?

The best way to look at this is from the vantage point as though you were the lender. 

A lender’s title policy is going to protect the benk from another lending institution that issues up the Buyer’s mortgage from any losses resulting from disputes over ‘who owns the property’.

The policy will cover the amount of the loan, and the cost is based on the amount of that loan. Most lenders will require this coverage which ends when the mortgage is paid off.

Is there a monthly premium?

You do not have to pay a monthly premium for your title insurance in Texas. What will happen at the closing is that the policy itself will be paid for at the time of closing.

The coverage would be in the name that is on the title for that property. That coverage will last as long as you own that property until you transfer it on to someone else’s name you are covered.

What is covered by the title insurance?

There are eight core things that title insurance covers.

1: Fraud: Fraud associated with the title ownership.

2: Liens: Any liens existing against the property at the time the policy was issued.

3: Mistakes in Public Records: The errors in public records that are not caught at the time of sale.

4: Inaccurate / Conflicting Wills and Trusts: Any inaccurate wills or trusts that were made related to the title.

5: Heir Disputing Ownership: Any missing heirs who suddenly appear and claim to own the property.

6: Forged Deeds and Documents: Misfiled or forged deeds or other documents.

7: Undiscovered Errors/Flaws: Any errors or flaws in titles that are not discovered in the initial title examination.

8: Loan Amount and Interest Cover: The lender’s title insurance covers the amount of the mortgage loan and protects the lender’s interest in the property if any of the first seven situations were to occur.

Who Pays for Title Insurance in Texas?

In Texas, the choice of a title company is freely negotiated between the Buyer and the seller. In the past, the seller has traditionally paid for the title policy, due primarily to the seller’s contractual obligation to pass good title to the purchaser.

However, with the market moving to a ‘Seller’s Market’ we are seeing more Buyers offering to pay for this policy since this enhances the strength of the offer in competing for offer situations.

What is a Title Search?

The title search is a process to make sure that the seller is the legal owner of the property, and there aren’t any outstanding claims against the property.

How Much Does Title Insurance Cost?

The title insurance cost depends on how much money that property is being sold for. Everything would be calculated from the ultimate sales price of the home in relation to how much that title insurance policy would cost.

Conclusion

It is critical for you to know these things about title insurance before you enter into real estate transactions. Get in touch with your trusted real estate advisor to get details about your title insurance.

Your trusted mortgage loan officer would also be in a position to give you more information on your title insurance in Texas.

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