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2018-09-19
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A title binder, also known as an interim binder, is not a title insurance policy, but is, instead, a commitment to issue a title policy. Title insurance protects the buyer of a property or the lender for the property against unknown defects in the title.
A title binder is typically used to protect both the seller and buyer of a real estate property during the transitional phase of a sale when the seller's and buyer's home insurance policies do not necessarily overlap over the same time frame.
The title binder has a specific purpose and cannot be used in every type of real estate transaction. The standard timeframe for the title binder is two years, but there are some title companies that offer an additional year extension for an additional cost.
Binder Deposit Obligations and Disputes Most real estate contracts require a buyer to put down a small amount of money or other asset as a measure of their intent to complete the transaction. This is called a binder deposit. The seller may require a set amount from the buyer or the amount may be negotiable.
In the standard purchase contract for a home, however, the seller pays for the cost of the owner's title insurance policy issued to the buyer, and the buyer pays for the cost of their lender's title insurance policy issued to the buyer's mortgage lender.
An Interim Binder is a written agreement committing the insurer to issue the applicable title policy anytime within 3 years. Subject to intervening matters. Parties who plan to sell or turnover their properties within 3 years should consider the Interim Binder to save on title insurance premiums.
Owner's title insurance is a separate policy where either the buyer or seller may pay the insurance premiums to protect the buyer's equity in the property.
The title company issuing an owner's title insurance policy reassures the buyer that if the seller didn't (for some reason) have the right to sell the home, the title company will reimburse the buyer for any money they paid for the home up to the policy amount.
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