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Title insurance protects property buyers and mortgage lenders against defects or problems with a title when there is a transfer of property ownership. If a title dispute arises during a sale, the title insurance company may be responsible for paying specified legal damages, depending on the policy.
Things Not Covered in Your Title Policy Any defects created after the issuance of the policy, or defects that you create. Issues arising as the result of failing to pay your mortgage. Issues arising as the result of failing to obey the law or certain covenants. Specific taxes and assessments.
Title insurance does not protect against problems related to the property assessment, its market value, the physical condition of the building, environmental issues or the insured's misrepresentations.
Owner's title insurance provides protection to the homeowner if someone sues and says they have a claim against the home from before the homeowner purchased it. Most lenders require you to purchase a lender's title insurance policy, which protects the amount they lend.
Title insurance coverage usually depends on whether you have a lender's or an owner's policy. Generally, you need to buy a lender's policy if you take out a loan from a public mortgage lender. An owner's policy is often issued for the amount you paid for the home. It covers a broad range of problems that may arise.
This type of title insurance gives protection regarding the priority, validity and enforceability of the mortgage. 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.
A standard policy insures primarily against defects in title which are discoverable through an examination of the public record. Since an extended policy covers many “off-record” defects in title, the insurer will typically require a survey of the property to be insured.
A standard policy insures primarily against defects in title which are discoverable through an examination of the public record. This includes defects in title or recorded liens or encumbrances, such as unpaid taxes or assessments, and defects due to lack of access to an open street.
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