Why Do You Need Title Insurance'?
To protect possibly the most important investment
you 'll ever make-the investment in your home.
A lender goes to great lengths to minimize the risk of lending you the
money you need to buy a home. First. your credit is checked as an
indication of your ability to pay back your loan.
Then your lender goes a step further. He or she makes sure that the
quality of the title to the property you are about to buy and which
you will pledge as security for the loan is satisfactory. The lender does
this by obtaining a lender's policy ottitle insurance.
The Lender's Policy Doesn't Protect You.
The lender's policy protects the lender against loss due to unknown
title defects. It also protects the lender's interest from certain
matters which may exist but not be knowable at the time of sale.
But this policy only protects the lender's interest. It does not protect
you. That's why you need an owner's policy, which can be issued at
the same time as the lender's policy for a nomina l one-time fee.
What Danger Of Loss Can You Face?
If a lender has title insurance protection and you don't, what possible
danger of loss can you face?
As an example, let's say you've bought a home for $100 ,000. You 've
made a $20,000 down payment, and your lender holds a $80,000
mortgage lien or beneficial interest. You r lender has title insurance
coverage protecting the lender's interest up to $80,000. But your
$20.000 is not covered.
What if some matter arises affecting past ownership of the property?
The title insurance company would only defend and protect the
interest of the lender. You would have to assume the financia l burden
of your own legal defense. If your defense is not successful, the result
could be a total loss of title.
The title insurance company pays the lender's loss and is entitled to
take assignment of your debt. You are out of your down payment.
other equity in the property which you have accumulated, and your
home. And you still owe the remaining ba lance on your note.
How Can There Be A Title Defect If The Title Has Been Searched And
A Loan Polley Issued?
Title insurance is issued after a careful examination of copies of the
public records. But even the most thorough search cannot absolutely
assure that no title hazards are present, despite the knowledge and
WHAT TiTlE INSURANCE PROTECTS ACAINST
Here are just a few of the most common hidden risks that can cau se a loss of
title or create an encumbrance on title:
• False impersonation of the true owner of the property
• Forged deeds, re leases or wills
• Undisclosed or missing heirs
• Instruments executed under invalid or expired power of attorney
• Mistakes in recording legal documents
• Misinterpretations of wills
• Oeeds of persons of unsound mind
• Deeds by minors
• Deeds by persons supposedly single, but in fact married
• liens for unpaid estate , inheritance, income or gift taxes
experience of professional title examiners. In addition to matters
shown by public records, other title problems may exist that cannot
be disclosed in a search.
What Protection Does Title Insurance Provide Against Defects And
Title insurance will pay for defending against lawsuits attacking
your title as insured, and will either clear up title problems or pay
the insured's losses. For a one-time premium. an owner's title
insurance policy remains in effect as long as you, or your heirs, retain
an interest in the property, or have any obligation under a warranty
in any conveyance of it. Owner's residential title insurance, issued
simultaneously with a lender's policy, is the best title insurance value
you can get.
By combining the expertise in risk elimination at the time of issuing
a policy, and protection against hidden risks as long as the policy
remains in effect, your title insurer protects against title loss.
What This Means To You.
The peace of mind in knowing that the investment you've made in
your home is a safe one.
If you have any questions concerning title insurance coverage. please
call a Chicago Title office. We are here to assist you.