What Is Title Insurance?

Title insurance is a policy that protects the property against third-party claims that occur after a real estate transaction and are not discovered during the first title search. A third party is someone who is not the property’s owner, such as a building business that was not paid for work done on the house by a prior owner. The word “title” refers to the legal ownership of property by someone.

A title claim might develop at any moment, even after you’ve owned the property for many years with no complications. How could this be? When you make a purchase offer on a property, you may be unaware of someone else’s ownership rights. Even the present owner may be unaware that someone else owns the property. In the event of an unnoticed heir, even the individual who holds such rights may be unaware of them.

Your mortgage lender will request a title search from a title firm before your home loan closes. The title firm looks for public documents pertaining to your house in order to identify any title flaws that may impair the lender’s or buyer’s property rights, such as:

Liens

Maybe it was put on the property by an unpaid contractor, tax authority, or lender You don’t want to be obligated to pay the outstanding expenses of a former owner.

Easements

It is someone else’s right to use your property despite the fact that you own it. If you have utility lines in your backyard, for example, the utility company will have an easement that permits them to access your property if they need to operate on the wires. The easement may restrict your capacity to utilize your land as you see fit.

Encumbrances

Zoning regulations, restricted covenants enforced by homeowners’ organizations, and leaseholder rights are all examples of liens (also known as financial encumbrances).

A title firm will go through public data such as deeds, mortgages, divorce decrees, court judgments, tax records, and child support orders.

If the title search shows any issues (commonly known as “clouds”), the title firm will make every effort to fix them. In certain circumstances, your real estate agent may need to collaborate with the seller’s agent to persuade the seller to remedy the issue. In other circumstances, the issue may be substantial enough to derail the transaction.

Understanding Title Insurance

Any real estate transaction requires a legal title. Before issuing a title, title firms must do a search to see whether there are any claims or liens against it.

A title search is a study of public documents to establish and validate the legal ownership of a property as well as the existence of any claims on the property. Erroneous surveys and unsolved construction code infractions are two instances of blemishes on a title.

Title insurance protects both lenders and purchasers against loss or damage caused by liens, encumbrances, or problems in the title or real ownership of a property. Back taxes, liens, and competing wills are all common claims made against a title. Unlike typical insurance, which covers future events, the title insurance covers claims for previous incidents.

Types of Title Insurance

Title insurance is classified into two types: lender’s title insurance and owner’s title insurance.

A lender’s title insurance coverage protects the financial interests of the mortgage firm (just like mortgage insurance does). It ensures that the lender gets priority over any other liens on the property. When you take out a mortgage, whether purchasing or refinancing, you must obtain a lender’s title insurance policy. According to Prairie Title in Oak Park, Illinois, if your loan is less than 10 years old, you may be eligible for a discount when refinancing.

Fannie Mae and Freddie Mac, two major mortgage investors who regularly acquire house loans from lenders after closing, need the lender’s title insurance coverage to be at least equal to the mortgage balance. The lender’s coverage decreases as you pay down your mortgage balance.

A policy of owner’s title insurance protects the homebuyer. The coverage level for an owner’s policy is normally equal to the purchase price and stays constant for as long as you or your heirs hold the house. This sort of coverage is optional and must be bought just once.

The Price of Title Insurance

Title insurance is a one-time, one-time payment, not a recurring expense. A homeowner’s policy is based on the purchase price of the house, but a lender’s insurance is based on the loan amount. According to ALTA, both types of insurance typically cost 0.5% to 1.0% of the house’s purchase price, or $1,500 to $3,000 on a $300,000 home.

In certain states, the cost of title insurance is the same regardless of which title insurance provider is used. In certain cases, shopping around might save you money.

You may estimate the cost of title insurance in your location by utilizing the rate calculators provided by the Old Republic and Fidelity National. You may also receive a fast price using the charge calculators at First American Title and Stewart. You may be able to get quotes for additional closure services at the same time.

How does title insurance vary from other insurance?

Insurance such as a vehicle, life, health, etc., protects against possible future occurrences and is paid for through monthly or yearly premiums. A title insurance policy covers events that happened in the past of the real estate property and the people who possessed it for a one-time payment due at the closing of the escrow.

Who pays for title insurance?

State rules and conventions differ on who pays for title insurance, but here’s who normally pays for title insurance:

• Home purchasers often incur charges for lenders’ title insurance since they are the ones who are getting a loan from the mortgage lender.
• The individual who pays for the owner’s insurance might vary. Sometimes, the seller might pay for the title coverage as a gesture to assist with the sale of their property.

For additional information on laws and customs in your individual state, download our State Laws and Customs Toolkit.

What is the process of creating a title insurance policy?

The title agent or attorney conducts a title search when the escrow officer or lender opens the title order. The client is given a preliminary report to study and approve. Upon escrow’s order, all closing paperwork is documented. When the recording is verified, the demands are fulfilled, the funds are distributed, and the title insurance policy is formed.