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Why does your real estate need title insurance?

When you buy a condominium, a home, any other type of building or even vacant land, you must have a complete investigation made on every aspect of the property. Or, you may discover that the property you bought and paid for is not actually yours at all! Even after the investigation, you will need protection in the event that some point has been missed in the public records or someone makes a claim on the title to your property.

Doesn't your deed take care of giving you clear title?

Not at all. A "deed" is merely an instrument whereby a seller transfers his or her right of ownership, whatever it may be, to you. It is not proof that the person described as the seller is actually the owner. It does not do away with claims or rights others may have in the property. From the deed, you cannot determine what rights, liens or claims may be outstanding against your title.

Why isn't a lender's mortgage title insurance policy enough?

The lender's title insurance doesn't protect the new buyer of the property. Although the land is the same, the interest of the buyer and the interest of the lender are very different. The provisions of a lender's title insurance policy are different from those of a buyer's policy, so the buyer should obtain his own policy. The two are often issued simultaneously.

What questions have to be answered before your title can be secured by a title insurance policy?

  • Is the record of ownership of the land complete from the first owner down to date?
  • Are there any lawsuits or claims recorded against the property itself?
  • Are there any suits or judgments against the owner of the property?
  • Are all taxes and special assessments paid?
  • Does anyone have special rights to the property that would limit ownership?
  • If the seller is a corporation, is it fully in a position to sell the property?
Some serious risks which may not be revealed by the records or an examination of abstract:
  • Marital status of owner incorrectly given
  • Undisclosed heirs
  • Mental incompetence or minors
  • Fraud and forgery
  • Defective deeds
  • Confusion due to similar or identical name
  • Errors in records or clerical work
Is there any way to be protected against these risks?

Yes! With a title insurance policy from Surety Land Title. The cost of title insurance on any piece of property you may decide to buy is very small when compared with the benefit and security it gives!


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