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 TITLE INSURANCE


Why You Need Title Insurance

Of all the insurance products available to the consumer today title insurance may be one of the most necessary to property owners. There are few things in life more important than protecting your home. Regardless of its necessity it remains widely misunderstood by most consumers.

The following are a few examples of why you need a Title Insurance Policy.

  • Documents executed under false, revoked or expired powers of attorney.
  • False impersonation of the true landowner.
  • Undisclosed heirs.
  • Prescriptive rights in another not appearing of record and not disclosed by survey.
  • Improperly recorded legal documents.
  • Forged deeds, mortgages, wills, releases of mortgages and other instruments.
  • Deeds which appear absolute, but which are held to be equitable mortgages.
  • Conveyances by undisclosed divorced spouses.
  • Failure to include necessary parties to certain judicial proceedings.
  • Defective acknowledgements due to improper or expired notarization.
  • Gaps in the chain of title.
  • Deeds by minors.
  • Deeds and wills by persons lacking legal capacity.
  • State inheritance and gift tax liens.
  • Errors in tax records.
  • Administration of estates and probate of wills of missing persons who are presumed deceased.
  • Deeds and mortgages by foreigners who may lack legal capacity to hold title.
  • Issues involving improper marital status.
  • Improper modification of documents.
  • Rights of divorced parties.
  • Conveyances in violation of public policy.
  • Forfeitures of real property due to criminal act.
  • Interests arising by deeds of fictitious parties.
  • Adverse possession.
  • False affidavits of death or heirship.
  • Federal estate and gift tax liens.
  • Special tax assessments.

Many title problems can cause the complete or partial loss of your home or property. Even the most careful search of public records will not find every title problem. Because some problems are hidden, your title may appear to be perfect, but in fact there may be a problem that is a getting ready to haunt you.

There are two basic forms of Title Insurance--an Owner's Policy and a Loan Policy. As the names indicate, the Owner's Policy covers the land owner and the Loan Policy covers the lender on a particular parcel of real estate.

Owner's title insurance protects you against financial loss caused by covered title risks. The title insurer, without expense to you, will defend you against an attack on the title to your property. The title insurer will indemnify you against the defined financial loss up to the policy limit. A one-time premium provides you with this valuable protection.

You and your heirs are protected for as long as you or your heirs own the property.

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copyright © 2003 Byer's Seek Haven Realty

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