SW Florida Real Estate-Title Insurance

Why You Need Title Insurance


When you purchase your home, how can you be sure that there are no problems with the home's title and that the seller really owns the property?  Problems with the title can limit your use and enjoyment of the property, as well as bring financial loss.  That is what a title search and title insurance are for.


The Title Search


After your sales contract has been accepted, a title professional will search the public records to look for any problems with the home's title.  This search typically involves a review of land records going back many years.  More than 1/3 of all title searches reveal a title problem that title professionals fix before you go to the closing.  For instance, a previous owner may have had minor construction done on the property, but never fully paid the contractor.  Or the previous owner may have failed to pay local or state taxes.  Title professionals seek to resolve problems like these before you go to closing.


The Owner's Title Policy


 Sometimes title problems occur that could not be found in the public records or are inadvertently missed in the title search process.  To help protect you in these events, it is recommended that you obtain an Owner's Policy of Title Insurance to insure you against the most unforeseen problems.


Owner's Title Insurance, called an Owner's Policy, is usually issued in the amount of the real estate purchase.  It is purchased for a one-time fee at closing and lasts for as long as you or your heirs have an interest in the property.  Only an Owner's Policy fully protects the buyer should a covered title problem arise with the title that was not found during the title search.  Possible hidden title problems can include:


                   * Errors or omissions in deeds

                   * Mistakes in examining records

                   * Forgery

                   * Undisclosed heirs



An Owner's Policy provides assurance that your title company will stand behind you -- monetarily and with legal defense if needed -- if a covered title problem arises after you buy your home.  The bottom line is that your title company will be there to help pay valid claims and cover the costs of defending an attack on your title.  No matter who pays for the Owners Policy, the fee is a one-time fee paid at closing.


The Loan Policy


There are two types of title insurance.  Owner's title insurance, as mentioned above, and Lender's title insurance, also called a Loan Policy.  Most lenders usually require a Loan Policy when they issue you a loan.  The Loan Policy is usually based on the dollar amount of your loan.  It only protects the lender's interests in the property should a problem with the title arise.  It does not protect the buyer.  The policy amount decreases each year and eventually disappears as the loan is paid off.


Finding A Local Title Company


Closing you loan can vary from state to state, and even within the same South West Florida county or city.  Settlements can be conducted by lenders, title insurance companies, escrow companies, real estate brokers or attorneys.  Be sure to ask your Realtor how your settlement will be handled.


Remember, the broad coverage of title insurance includes protection against frivolous claims, or "clouds" on title that may not present an immediate problem.  So it's best to contact the title insurer promptly, as soon as you have any question or concern about your legal rights with insured land.

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