It is assurance that every possible cloud on the title to the land you are buying - which can be discovered from public records - has been c alled to your attention so such defects can be corrected before you buy.
It is insurance that, if any undisclosed claim covered by your policy arises out of the past to threaten your ownership of real estate, it will be disposed of, or you will be reimbursed, exactly as your title policy provides. |
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Will you get clear title?
It is of the greatest importance that you do. But this means that you must be informed about any of these claims against your land so that you can make certain they are cleared up before you buy. and it means that you must be protected against any undiscovered claims that may arise in the future to threaten your property. Title insurance provides this two-fold protection.
How do you learn what claims there are against the property?
By a search of the public records. This is the first step we take in order to insure your title. We keep track of every entry on all of these public records which might affect the title to every parcel of land.
Some of the things a title search uncovers are any unpaid taxes or mortgages, judgments against previous owners, easements, and many court actions or recorded documents which can affect title to real estate. We find and report such defects in the title to the real estate you wish to buy, so that these matters can be corrected and cleared up. It is the first benefit you receive when title insurance is ordered.
What if there is a defect in the title which doesn't show up in the public record?
This can happen. We call them "hidden risks" - the undiscovered claims which may arise long after you have bought your home. Protection against loss from claims on real estate which cannot be discovered by examination of the public records is the second part of the two-fold benefit which title insurance provides.
The title to the home you have paid for - and to which you have received a deed - could be seriously threatened or completely lost by such circumstances as a forgery, confusion due to similar names, error in the records - to cite just a few hazards.
How Does a title insurance policy protect against all these dangers?
If a claim is made against your title as insured, a title insurance company protects you by:
- Defending your title, in court, completely at our expense.
- Bearing the cost of settling the claim if it proves valid, in order to protect your title and keep you in possession of your property.
What is a "Settlement Agent?"
A Settlement Agent is responsible for the following items prior to and at closing:
- Coordinate the closing with the mortgage lender
- Disburse all the money at losing to the appropriate parties to insure that all existing liens and mortgages are property removed from the records
- Insure that the mortgage documents are property executed by the borrowers
- Insure that the closing was performed in accordance with the mortgage and title company's requirements
- Record all of the new documents with the property governmental agencies
- review all documentation for the closing to insure their property conformity
- Conduct all closing follow-ups through the issuance of the Title Insurance Policy(s).
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