21 Hidden Title Defects
21 Important Reasons
You Should Have Owner's Title Insurance
OWNER'S TITLE INSURANCE will protect you
against these hidden risks which would not be disclosed
by even the most meticulous search of public records:
1. Forgery
2. Fraud in connection with the execution of documents
3. Undue influence on a grantor or executor
4. False personation by those purporting to be owners
of the property
5. Incorrect representation of marital status of grantors
6. Undisclosed or missing heirs
7. Will not properly probated
8. Mistaken interpretation of wills and trusts
9. Mental incompetence of grantors
10. Conveyance by a minor
11. Birth of heirs subsequent to the date of the will
12. Inadequate surveys
13. Incorrect legal descriptions
14. No-delivery of deeds
15. Unsatisfied claims not shown on the record
16. Deeds executed under expired or false power of attorneys
17. Confusion due to similar or identical names
18. Dower or curtesy rights of ex-spouse or former owners
19. Incorrect indexing
20. Clerical errors in recording legal documents
21. Delivery of deeds after the death of a grantor
You mean an Owner's
Title Insurance Policy insures against these title defects
occurring?
No. But Owner's Title Insurance does
eliminate the risk of loss to you resulting from claims
against the title. Up to the policy amount, the insuring
company will pay the claim amount, negotiate a settlement,
or assume all legal expenses involved in settling the
claim.
If Owner's Title Insurance covers
so many expenses and possible losses, it must be expensive?
No. Owner's Title Insurance is one of the least
expensive forms of insurance.
And do I pay only one premium?
Yes. One modest premium insures your home for as long
as you or your heirs have an interest in it.
Do I have to renew my Owner's
Title Insurance?
No. Your Owner's Title Insurance remains effective
as long as you own your home or property, sell it and
take back a purchase money mortgage for the sales price,
or as long as you can be held liable under the warranties
contained in a deed of sale.
What should I look for in selecting
a company to insure my title?
Look for someone with a sound reputation for paying claims;
experience in all phases of title insurance, and efficient
and dependable service to policyholders. Someone
like Investors Title Insurance Company.
What happens if a claim is asserted
against my title?
Upon notice of a claim, and the company may, after investigation,
1) repair the problem with the adverse party, for example
it may pay any valid liens which were not disclosed in
the title examination, 2) it may defend any litigation
in which your title is brought into question, or 3) pay
you the amount of damages arising from the claim pursuant
to the policy provisions. In the event of litigation the
company employs or approves counsel on your behalf and
pays these attorneys fees and related expenses.
What is the cost of title insurance?
An owner's policy is issued based on the payment of a
single premium at the prevailing rates approved or sanctioned
by the respective Department of Insurance, and the coverage
of the policy continues for as long as the insured holds
an interest in the land or remains liable under any warranties
of title arising from his or her subsequent conveyance.
No further premiums are paid during the life of the policy.
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