What Is Title Insurance And Why Do I Need It Anyway?

Most home buyers are focused on whether or not they will be able to meet their financial obligations of home-ownership. They take for granted that the property title is in good order and suitable for legal transfer of ownership. But title issues and unknown liens on your home can be more stressful and problematic than the potential stress associated with paying your household bills. What you do know, you can deal with. But what is title insurance for? The things you don't know about.


Potential title problems

The housing market collapse resulted in a lot of titles being sold in bulk, transferred to companies that went under, and being part of some hurried legal processing. The opportunity for clerical mistakes, unknown liens, mistakes in record examination, or home titles being used in some fraud is rampant.  There is also the possibility of undisclosed heirs and other omissions in the deed. By some accounts of real estate law firms, one out of every three title searches finds some defect in the record that must be corrected prior to closing. Title insurance protects you in the event some problem occurs that was not found in the public record or was overlooked in the process of searching the title.


Your title insurance policy

The Owner's Policy is typically in the amount of the purchase price of your home. You get it by paying a one-time fee on the day of closing. This policy insures you for as long as you own the home and it passes to any heirs who may inherit the property from you. It protects you financially and will sometimes provide legal defense in the event of forgery, undisclosed heirs, mistakes made during the title examination process, errors or omissions on the deed, and other covered problems that may occur. The Owner's Policy is not automatically provided and you need to make sure that you request the policy and know who will be responsible for paying. It is always a one-time fee that will protect you and your heirs who hold some interest in the subject property.


The loan company's policy

Practically all lenders will require a Lender's Title Policy when making a home loan. This policy does not protect the home buyer in any way. Many buyers wonder, "What is title insurance for the lender when I already have a policy?" It is for the dollar amount of the loan and decreases in coverage as the loan is paid down. It protects the lender financially in the event some unforeseen problem with the title arises and you are no longer making loan payments to them or, due to some title issue, they are unable to sell the property after foreclosure to recoup the loan amount. The Lender's Title Policy goes away when the loan is paid in full.


Title insurance when refinancing

Even if you refinance with the same bank that originally made the home loan, they will most likely require another title search and Lender's Title Policy. You will still be protected by the original Owner's Policy that was purchased when you closed on your sales transaction. You may ask, "What is title insurance covering when I refinance?" It is possible that you had some work done on the house and incurred a mechanic's lien or had a judgement placed against you for child support or unpaid taxes after your home purchase. In case any of those things occurred, the lender will need a new policy when you refinance.


Additional things to remember

Who pays for the policy may vary by state. Regardless, you have the right to choose the title company when you are paying for the policy. You can research title companies online to see what previous customers have to say about them. To know what is title insurance protected and what is not covered, contact the underwriter for a copy of your policy. Standard Owner's Policies will protect you from the most common and frequent title issues. For an additional fee, expanded coverage is available to protect you in such situations as your home construction not complying with home owner's association restrictions.