| What Is Title Insurance?
In Massachusetts and New Hampshire, the policy that
protects the lender is called Lender's Title Insurance. The buyer pays
the premium for this policy, even though the policy benefits only the
lender. However, when one is purchasing a home, the buyer will be given
the opportunity to purchase Owner's Title Insurance. This policy will
protect the buyer. The purchase of an owner's policy is entirely
optional, but it's good protection that you will want to seriously
consider. If a buyer elects Owner’s Title Insurance, the cost is beyond
our low fixed Lender’s Title Insurance cost of $200.00.
What's covered
by title insurance???
Owner's title insurance protects you from:
 |
|
Fraud associated with the title ownership |
 |
|
Liens existing against the property at the time the policy was issued |
 |
|
Mistakes in the public record that are not caught before the sale |
 |
|
Types of Credit Used |
 |
|
Inaccurate or conflicting wills and trusts related to the title |
 |
|
Missing heirs who suddenly appear and claim to own the property |
 |
|
Forged or misfiled deeds and other documents |
 |
|
Errors or flaws in the title that are not discovered during the initial title examination |
Lender's Title Insurance
covers the amount of the mortgage loan and protects the lender's
interest in the property if any of the above risks occur. Lender’s Title
Insurance does not protect the homeowner or one
buying property.
What is a title search?
Very simply, it's the process
of examining available records related to the property to make sure that
the seller is the legal owner and that there are no outstanding claims
against the property. When a buyer or home owner pays for a title
search, that does not mean that the title is clear or that the attorney
will clear defects in title.
What is the likelihood of there being a title problem
that is not covered by the attorney's certification when I purchased the
property?
The likelihood is not great, but the financial ramifications
could be devastating. It can be expensive and time consuming to cure
even simple title problems, and if a problem can't be solved, the
financial loss could be borne solely by the owner of the property.
What
does title insurance do if a covered title problem is discovered?
The
title insurance company has the option either to cure the problem at no
cost to the policyholder or pay the policyholder for the loss sustained,
subject to any applicable deductibles or liability limits, exclusions
from coverage or exceptions. Also, if the problem is discovered at the
time you are selling or refinancing the property, the company will
generally agree to insure the future purchaser or lender, so as to allow
the sale or refinance to occur.
Can I buy title insurance from my local
insurance agent for less money?
No, title insurance can only be
purchased from an approved title insurance agent. The premium rates are
set by the company.
How much does owner's title insurance cost?
It
depends on the amount of the sales price. However, if you buy the
owner's policy when you pay for the lender's policy, there can be a
substantial savings. Your good faith estimate will provide the quote if
the mortgage is being use for purchasing property. If the mortgage is a
refinance, the quote for Owner’s Title Insurance will not be on the good
faith estimate. You can also call for a quote of the optional Owner’s
Title Insurance policy.
How long is an owner's title insurance policy
good for, and do I have to pay annual premiums to keep it in force?
Owner's title insurance is in effect for as long as you own the
property. The policy even provides coverage after you sell your property
if you're sued on warranty covenants in your deed for matters you are
not responsible for. Moreover, the premium is a one-time payment and,
unlike other kinds of insurance, no additional premium is due after the
policy is purchased.
Do I need to purchase a new policy when I
refinance?
You do not need a new owner’s policy, but the lender
will require you to purchase a new lender policy. Even if you refinance
with the same lender, the existing lender’s policy terminates when you
pay off the mortgage. Furthermore, the lender is concerned about title
issues that may have arisen since you purchased the property, such as
the lien mentioned in an earlier question. A new title search will
uncover the lien, and you will have to pay it off as a condition for the
refinance. |