Elite Title & Escrow, LLC

What Is Title Insurance?

Title insurance protects real estate purchasers and/or lenders from losses that arise after a real estate settlement, but result from unknown liens, encumbrances or other defects upon the title that existed prior to settlement. Examples of title defects include outstanding property taxes not paid by a previous owner, fraud or forgery of a prior deed or transfer, or a spouse or unknown heir who steps forward to make a claim against the title. If a claim were made, defending the claim could cost thousands of dollars in attorneys fees and, if the claim were valid, could even cause you to lose the property itself. A title insurance policy provides coverage for legal defense, as well as the coverage amount listed in the policy, which usually equals the purchase price of the real property.

Who is Protected By Title Insurance?

For most Americans, purchasing real estate represents the largest single investment we will make. Given the cost of real estate, very few of us can purchase our homes, vacation or investment properties by paying cash. Instead, we borrow the funds from banks or mortgage companies granting them a secured interest in the property. One of the conditions that lenders place on the buyer is that a lender’s title insurance policy be purchased in an amount equal to the mortgage loan. A lender’s policy only protects the financial institution in the event that a valid title claim arises. In a worst case scenario, a buyer could make mortgage payments for 20 years when an unknown title defect comes to light, creating a valid claim that causes the buyer to lose the title. The lender would be covered, to the extent of the outstanding mortgage, and the owner could lose the property and all equity acquired over the 20 years that he —owned” the property. There is an option available to the buyer to avoid the scenario outlined above, the purchase of an owner’s title insurance policy to protect your interest in the real property. If the decision is made to purchase an owner’s policy and a lender’s policy at the same time, there may be considerable premium savings.