Why Title Insurance?

The title policy protects owners from most claims and attacks on title for any reason not excepted from the policy’s indemnity. Even though the title company researches every transaction as thoroughly as possible, there will always be risks that cannot be found in a title search. Some of the most common claims:

  • Unpaid property taxes

  • Supplemental taxes assessed after closing

  • Mistakes in the interpretation of wills or other legal documents

  • Impersonation of the owner

  • Forged deeds, mortgage releases etc

  • Instruments executed under fabricated or expired powers of attorney

  • Deeds delivered after death of seller or buyer

  • Wills not probated

  • Deeds or mortgages by those mentally incompetent or of minor age (or with an incorrect marital status)

  • Other lack of competency, capacity or legal authority of a party

  • Undisclosed or missing heirs, including birth or adoption of children after the date of the Will

  • Mistakes in the public records

  • Legal confusion from the name similarities

  • Transfer of title through foreclosure sale when requirements of foreclosure statute has not been strictly met

  • Deed not joined in by a necessary party (co-owner, heir, spouse, corporate officer, or business partner)

  • Undisclosed (but recorded) prior mortgage or lien

  • Undisclosed (but recorded) easement, right of access, or use restriction

  • Erroneous or inadequate legal descriptions

  • Deed not properly recorded

  • Off-record matters, such as claims for adverse possession or prescriptive easement

  • Deed to land with buildings encroaching on land of another

  • Incorrect survey

  • Silent (off-record) liens (such as mechanics or estate tax liens)

  • Pre-existing violations of CC&R’s

  • Post-policy forgery

  • Location and dimension of insured land

And this list is far from exhaustive—many unseen risks can threaten homeowner’s claims to their property, and title insurance is the best protection against those risk. When you are issued a title policy, you can be comfortable that you have the title policy coverage that was disclosed to you in your title commitment during the closing process

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