TITLE INSURANCE

Reprinted in part from information from First American Title Insurance Company

A forgery 50 years ago; a deed executed under duress; bigamy that went unknown; an error by a clerk in the county recorder's office; a misapplied tax payment: these are but a few of the hidden "title effects" that could cause you to lose our property. And, even if you don't lose your property altogether, title problems could make it impossible for you to sell or even give it away.

You don't want a problem that occurred long before you bought your property to deprive you of ownership or your right to use or dispose of it. And you don't want to pay the potentially ruinous cost of defending your property rights in court. A title insurance policy is the best protection against potential defects which could remain hidden despite the most thorough search of public records.

Protect yourself against such potential defects as:

  1. Forged deeds, mortgages, satisfactions or releases
  2. Deed by person who is insane or mentally incompetent
  3. Deed from partnership, unauthorized under partnership agreement
  4. Deed to or from a "corporation" before incorporation, or after loss of corporate charter
  5. Deed from a legal nonentity (styled, for example, as a church, charity or club)
  6. Claims resulting from use of "alias" or fictitious namestyle by a predecessor in title
  7. Deed following nonjudicial foreclosure, where required procedure was not followed
  8. Deed following judicial proceedings, where all necessary parties were not joined
  9. Deed executed under falsified power of attorney
  10. Deed following administration of estate of missing person, who later reappears
  11. Deed to land including "wetlands" subject to public trust (vesting title in government to protect public interest in navigation, commerce, fishing and recreation).
  12. Ineffective release of prior mortgage or lien, as fraudulently obtained by predecessor in title
  13. Deed recorded, but not properly indexed so as to be locatable in the land records
  14. Undisclosed but recorded notice of pending lawsuit affecting land
  15. Errors in tax records (mailing tax bill to wrong party resulting in tax sale, or crediting payment to wrong property).
  16. Misinterpretation of wills, deeds and other instruments
  17. Deed to land without a right of access to a public street or land
  18. Deed not properly recorded (wrong county, missing pages or other consents, or without required payment) etc.

There are important differences between Lender's Title Insurance (which your Lender will require you to purchase) and Owner's Title Insurance which insures your equity in the property against claims by others (optional at time of purchase).

Please call us to discuss the importance of Title Insurance and the differences in policy coverage.

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