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