Title
Insurance: A Critical Component of Every Transaction
There
are numerous closing costs that today's homebuyer pays
at the closing table when purchasing a new home. From
underwriting fees to processing fees, from tax service
fees to wire fees, from attorney fees to recording fees;
however, there is probably no closing cost that I receive
more questions about than title insurance. Ironically,
title insurance is probably one of the most critical components
in the residential real estate transaction, providing
not only smooth closings, but also helping to reduce risk
in the secondary mortgage market, a big player in today's
economy.
So
what is title insurance? Title insurance provides the
insured, usually a lender or a homeowner, with protection
from unknown defects in the title to property. This protection
insures the proper transfer of property from a seller
to a buyer. Much like a homeowner's insurance policy protects
the homeowner and the lender from hazards such as fire,
title insurance will cover losses due to problems ranging
from actual ownership to unknown liens. The types of defects
covered include: false impersonation of the true owner
of the property, forged documents, undisclosed or missing
heirs, mistakes in recording legal documents, misinterpretations
of wills and fraud. There are many other matters covered
which are too numerous to cover here.
In
a sale, a mortgage lender is going to take great pains
to reduce their risk associated with the homebuyer defaulting
on their loan. This due diligence includes checking the
homebuyer's credit among other financial considerations.
The lender is also going to reduce their likelihood of
loss from the property securing repayment of the loan,
our homebuyer's new home. The lender will appraise the
value of the property. They will require the homebuyer
to obtain homeowner's insurance protecting against hazards
such as fire. The lender will also want to make sure there
are no problems with title. This is accomplished by having
the homebuyer purchase a loan policy of title insurance.
However, the loan policy only protects the lender's interest.
It does not protect the homebuyer. That is why I usually
recommend homebuyers purchase an owner's policy of title
insurance. The owner's policy protects the homebuyer against
loss due to unknown title defects. It also protects the
homebuyer's interest from certain matters which may exist,
but may not be known at the time of the sale. This protection
lasts as long as the homebuyer or their heirs have an
interest in the property.
Under
a loan policy, if some issue arises affecting the past
ownership of the property, the title insurance company
would defend and protect the interest of the lender. However,
the homebuyer would have to assume the financial burden
of her own legal defense. If the defense is unsuccessful,
the outcome could be a total loss of title. In that case,
the homeowner would lose their down payment and any equity
built in the property. The lender would be compensated
for their losses and they would assign the loan to the
title insurance company. As such, the homeowner would
still owe the balance due on the note.
When
a homebuyer obtains an owner's policy simultaneously with
a loan policy there is a significant discount. When the
simplest of title problems arise, the cost of hiring an
attorney to investigate the issue is very often much higher
than the nominal cost of the owner's title insurance purchased
along with a loan policy. In some cases, an owner's policy
of title insurance will allow a sale to proceed, even
with minor title problems, saving a seller who has an
owner's policy the costs involved in the delay selling
her property.
Much
of today's residential real estate transaction is controlled
by title insurance. It allows the lender and secondary
mortgage market to not have to worry about the security
of their loans. It also allows the homeowner not only
potential savings in money and time, but most importantly,
peace of mind.