F.A.Q.
Like any new home buyer, you probably have
plenty of questions.
This page is designed to answer any questions you may have.
Information supplied by one of our underwriters
LandAmerica
What is title insurance?
Title is a collective term that makes up your legal right to own,
possess, use, control and dispose of land. Title takes into account all
previous ownership, uses and transfers. In order to legally transfer real
estate property, a title search much be performed, and in most cases the title
must be determined as clear or free of defects or encumbrances.
Why do I need title insurance?
There are two types of title insurance policies: a lender's policy (also
called a loan policy) and an owner's policy. The lenders policy usually
does not represent the full property value. An owner's policy protects the
landowner and can financially cover the full property value. While a loan
policy is often required as a part of a real estate transaction, an owner's
policy generally is considered optional.
With an owner's policy, the landowner is protected against any title loss which
ensures the value of the property. Because a title policy is considered
insurance, if a claim is made against the title, the title insurer must pay any
and all costs associated with defense against the challenge and, if unsuccessful
in that defense, reimburse the landowner for any reduction in the value of the
land.
What problems can be discovered in a title search?
A title search should show all title defects and encumbrances as well as
liens and other restrictions. Among these are unpaid taxes, unsatisfied
mortgages, judgments against the seller and restrictions limiting the use of the
land.
What problems ARE NOT covered by a title search?
Yes. There are some hidden hazards that even the most diligent
title search may never reveal. For instance, the previous owner could have
incorrectly stated his or her marital status, resulting in a possible claim by a
legal spouse. Other hidden hazards include fraud and forgery, defective
deeds, mental incompetence, confusion due to similar or identical names and
clerical errors in the records. These defects can arise after you have
purchased property and can jeopardize the right to ownership.
The previous owner has title insurance on the property I am buying, so
why do I need it?
A title policy insuring the sellers does not protect you. Also,
many things could have happened to the land since that owner's policy was
issued. Your seller could have a new mortgage, a home equity loan,
judgments or unpaid taxes that would not be covered in the seller's title
policy.
How long does title insurance last?
The lender's policy of title insurance lasts until the mortgage is paid
in full. An owner's policy of title insurance lasts for as long as you or
your heirs retain an interest in the property.
Is title insurance the same as homeowner's insurance?
No. A title insurance policy is available to homebuyers that
ensures the title, or ownership to the property is without defect and is
marketable. a homeowners policy insures against natural hazards such as
fire, flood, etc. depending on the coverage obtained. Title insurance is a
one time fee and is good for as long as you own the home. Homeowners
insurance is renewed semi-annually or annually.
How much does title insurance cost?
Rates vary depending on the purchase price or the mortgage amount.
If you would like a personal quote for your purchase, please contact Susan
Engelke at 618-656-1275.