Saturday, May 10, 2008

Titile insurance protects against hidden title hazards that may threaten your financial investment in your home

A home is usually your largest single investment. When you purchase a home, you purchase homeowner’s or hazard insurance to protect against loss from fire, theft or wind damage.

Title insurance protects against hidden title hazards that may threaten your financial investment in your home. You see, when purchasing a home, you are really purchasing the title to the property – the right to occupy and use the land and improvements.

Other types of insurance focus on possible future events and charge an annual premium. Title insurance is purchased with a one-time premium and safeguards against loss from hazards and defects that already exist in the title.

There are two basic kinds of title insurance: lender or mortgagee protection, and owner’s coverage. Most lenders require mortgagee title insurance as security for their investment in real estate.

Owner’s title insurance lasts as long as you, the policyholder – or your heirs – has an interest in the insured property. Depending on local practices and state law where the property is located, you may pay an additional premium for an owner’s policy or you may pay a simultaneous issue charge for the separate lenders coverage.

Title search and examination is the first step

Insuring a home’s title begins with a search of public land records affecting the property. The title agent or attorney working on behalf of the title underwriter examines pertinent documents to determine whether the property is insurable.

Those documents (among others) include deeds, wills, trusts, outstanding mortgages and judgments, property liens, highway or utility line easements, pending legal actions and notary acknowledgements.

When title problems are disclosed during the search process, they are corrected whenever possible to avoid future claims. According to surveys done by the American Land Title Association (ALTA), title problems consistently arise in 36 percent, or one out of three real estate transactions.

The process of performing title searches and curing title problems does not come cheap. Industry studies find that title insurers spend an average of 92 cents out of every premium dollar as their cost of doing business.

What if a problem is hidden or missed?

After all this searching and examination, title problems may still be hidden or missed. A signature can be forged on a deed; an unknown heir can step forward to claim ownership of the property; a power of attorney used during a property transfer could have been expired or forged; a public record may be incorrect.

In each of these cases and many more, when there is the appropriate title insurance coverage, a policy will offer financial protection (subject to the terms and conditions of the policy). The title insurer defends the title and either “perfects” the title or pays valid claims.

In 2005, title insurers paid approximately $916.4 million in claims, up from $699.1 million the year before.

With title insurance, you have financial protection against covered title hazards. Your home is your most important investment – protect it with an owner’s title insurance policy.

Informing clients about premium title insurance such as the Homeowner's Policy makes good business sense

Providing the Best to REALTORS®
The superior coverage of the Homeowner's Policy of Title Insurance, backed by the nation's best title insurer, provides outstanding benefits to REALTORS® as well. Here's how:

  • Reduces the REALTORS® exposure in a transaction regarding certain regulatory matters.
  • Increases the client's satisfaction and confidence by providing the finest protection available.
  • Helps ensure the client's ability to resell the home in the future, free of potentially damaging title problems.
  • Gives the REALTOR® and client peace of mind in the increasingly complex world of real estate.
Informing clients about premium title insurance such as the Homeowner's Policy makes good business sense. With superior title coverage issued through and by a reputable title insurer, REALTORS® and clients benefit from two critical layers of protection.

Providing the Best to Homeowners
Homeowners depend upon the strength and stability of a reputable title insurer to back their policies for years to come. Chicago Title has a long and proud history of providing homeowners with the most innovative title and escrow products in the industry.

With Chicago Title, homeowners can enjoy peace of mind knowing they are insured by one of the industry's premier title insurers. And with the Homeowner's Policy, they'll enjoy even more peace of mind knowing they have the best title policy available.

Superior All-Inclusive Benefits from the Homeowner's Policy
This superior policy gives your clients the most thorough and comprehensive coverage available in the industry.

The new Homeowner's Policy includes the following basic coverage:

  • False impersonation of the true owner of the property
  • Forged deeds, releases or wills
  • Undisclosed or missing heirs
  • Instruments executed under invalid or expired power of attorney
  • Mistakes in recording legal documents
  • Misinterpretation of wills
  • Deeds by minors
  • Deeds by persons supposedly single, but in fact married
  • Liens for unpaid estate, inheritance, income or gift taxes
  • Fraud

The Homeowner's Policy also Provides the Following Additional Benefits

  • Pre and Post Policy Protections: The Homeowner's Policy coverage protects homeowners against claims arising both before and after the policy date. The homeowner is covered if someone else has an interest in or claims to have rights affecting the title, or the title is defective. Post-policy protection also includes coverage for forgery, impersonation, easements, use limitations and structural encroachments built by neighbors (except for boundary walls or fences) after the policy date.
  • Expanded Access Coverage: The Homeowner's Policy provides homeowners with expanded access protection for right of access to and from the property. Traditional title policies do not define the type of access a homeowner has to the property, but the Homeowner's Policy specifically insures both actual pedestrian and vehicular access, based upon a legal right.
  • Restrictive Covenant Violations: The Homeowner's Policy protects homeowners against the loss of title to property because of a violation of a restrictive covenant that occurred before the insured acquired title.
  • Building Permit Violations: The Homeowner's Policy covers homeowners if they must remove or remedy an existing structure (except for boundary walls and fences) because it was built without a building permit from the proper government office. This coverage is subject to deductible amounts and maximum limits of liability.
  • Subdivision Law Violations: The Homeowner's Policy protects homeowners if they can't sell the property or get a building permit because of a violation of an existing subdivision law. Homeowners are also protected if they are forced to correct or remove the violation. This coverage is subject to a policy deductible and maximum limits of liability.
  • Zoning Law Violations: The Homeowner's Policy protects homeowners if they must remove or remedy existing zoning laws or regulations (subject to the policy deductible and maximum limit of liability). Homeowners are also protected if they can't use the land for a single-family residence due to the way the land is zoned.
  • Encroachment Protections: Covers homeowners if forced to remove an existing structure because it encroaches on a neighbor's land (coverage for encroachments of boundary walls or fences is subject to policy deductible and maximum limit of liability). Covers homeowners when someone else has a legal right to, and does, refuse to perform a contract to purchase the homeowner's land, lease it or make a mortgage loan on it because a neighbor's existing structures encroach onto the land.
  • Water and Mineral Rights Damage: The Homeowner's Policy provides coverage if a homeowner's existing improvements, including lawns, shrubbery and trees, are damaged because someone exercised a right to use the surface of the land for the extraction of minerals or water.
  • Supplemental Tax Lien: The Homeowner's Policy protects homeowners if a supplemental tax lien is filed and assessed against the property because of new construction or a change of ownership prior to the policy date.
  • Map Inconsistencies: The Homeowner's Policy provides coverage if the map attached to the homeowner's policy does not show the correct location of the land, according to public records.
  • Continuous Coverage: The Homeowner's Policy covers homeowners forever, even if they no longer have the title. The policy insures anyone who inherits the title because of the homeowner's death and the spouse who receives the title after a dissolution of marriage. The Homeowner's Policy also allows homeowners to transfer title to their home into a trust after the policy date and receive uninterrupted coverage, at no extra cost.
  • Value-Added Protection: Traditional title policies don't increase their coverage as the value of a home increases. Not so with the Homeowner's Policy. The policy amount automatically increases by ten percent per year for five years, up to 150% over the original policy amount. This automatic increase in coverage is included at no extra cost.

How to Offer Homeowner's Policy Coverage
Your Chicago Title Representatives can provide you and your clients with information about the Homeowner's Policy coverage in simple, easy-to-understand language. Your representative is also available to meet with your clients personally to explain the Homeowner's Policy or any other product we offer. Simply request the Homeowner's Policy Coverage packet for your client when opening an escrow. It's that easy!

Title Policy Coverage Comparison
Protect yourself as a REALTOR® while protecting your clients with superior title insurance coverage. Call your local Chicago Title Representative for more details or specific policy language pertaining to the Homeowner's Policy of Title Insurance. This coverage has certain limitations and exclusions that apply. This policy has been adopted by both the CLTA and ALTA.

Coverage Item CLTA Standard Coverage ALTA Residential (Plain Language) New Homeowner's Policy
Post Policy Forgery Protection No No Yes
Enhanced Access Coverage No No Yes
Building Permit Violations No No Yes
Subdivision Map Act Coverage No No Yes
Restrictive Covenant Violations No No Yes
Mineral Extraction Coverage No No Yes
Map Inconsistencies Coveragem No No Yes
Coverage Extended to Living Trusts No No Yes
Enhanced Encroachment Coverage No No Yes
Automatic Inflation Protection (5 years) No No Yes

Protect yourself as a REALTORS® while protecting your clients with superior title insurance coverage. Call your local Chicago Title Representative for more details or specific policy language pertaining to the Homeowner's Policy of Title Insurance.

This coverage has certain limitations and exclusions that apply.

This policy has been adopted by both the CLTA and the ALTA.

Wednesday, May 7, 2008

Questions About Title Insurance

Questions About Title Insurance

What Is Title Insurance?

Title insurance is protection against loss arising from problems connected to the title to your property.
Before you purchased your home, it may have gone through several ownership changes, and the land on which it stands went through many more. There may be a weak link at any point in that chain that could emerge to cause trouble. For example, someone along the way may have forged a signature in transferring title. Or there may be unpaid real estate taxes or other liens. Title insurance covers the insured party for any claims and legal fees that arise out of such problems.

Is Purchasing Title Insurance Obligatory?

It is if you need a mortgage, because all mortgage lenders require such protection for an amount equal to the loan. It lasts until the loan is repaid. As with mortgage insurance, it protects the lender but you pay the premium, which is a single-payment made upfront.

Does Title Insurance Do Anything For Me?

The required insurance protects the lender up to the amount of the mortgage, but it doesn’t protect your equity in the property. For that you need an owner’s title policy for the full value of the home. In many areas, sellers pay for owner policies as part of their obligation to deliver good title to the buyer. In other areas, borrowers must buy it as an add-on to the lender policy. It is advisable to do this because the additional cost above the cost of the lender policy is relatively small.

Doesn't the Lender Policy Indirectly Protect Me?

No, title policies are indemnity policies, they protect against loss, and a lender policy would only cover the lender's loss. Of course, the fact that the insurer issued a policy to the lender indicates that the title has been searched and nothing amiss has been found, but no search is 100% dependable. That is why an insurance policy is issued.

When Does Title Insurance Protection Begin and End?

With the exception noted later, title insurance only protects against losses arising from events that occurred prior to the date of the policy. Coverage ends on the day the policy is issued and extends backward in time for an indefinite period. This is in marked contrast to property or life insurance, which protect against losses resulting from events that occur after the policy is issued, for a specified period into the future.

For How Long Is the Property Owner Purchasing Title Insurance Covered?

Indefinitely. The owner’s protection lasts as long as the owner or any heirs have an interest in or any obligation with regard to the property. When they sell, however, the lender will require the purchaser to obtain a new policy. That protects the lender against any liens or other claims against the property that may have arisen since the date of the previous policy.
For example, if the contractor you failed to pay for remodeling your kitchen places a lien on your home, you are not protected by your title policy; the lien was placed after the date of the policy. You will probably be required to get the lien removed before you can sell the property. But in the event the lien hasn’t been removed and a search has failed to uncover it, the new lender will be protected by a new policy.

Will Title Insurance Protect Me Against False Claims That Arose After I Purchased the Property?

The standard policy does not, which is a weakness. Many events beyond your control can reduce the value of your house after you buy it. Identity theft can result in a new mortgage you know nothing about. A neighbor could build on your land without your knowledge, thereby adversely possessing and possibly eventually taking your land. Or you may suddenly be told that you must correct a zoning violation of the previous owner.
To deal with these issues, a new policy with expanded coverage has been developed. I am told it is virtually standard in California and is available in many other states, perhaps at a small price increase. It is usually referred to as the ALTA Homeowner’s Policy.

Does Title Insurance Coverage Rise With Increases in the Value of My Property?

No, but coverage under the ALTA policy referred to above increases by 10% a year for the first 5 years after issuance, to 150% of the initial amount. You can buy additional coverage as a rider to the policy.

Why Do I Need to Purchase a New Policy When I Refinance?

You don’t need a new owner’s policy, but the lender will require you to purchase a new lender policy. Even if you refinance with the same lender, the existing lender’s policy terminates when you pay off the mortgage. Furthermore, the lender is concerned about title issues that may have arisen since you purchased the property, such as the lien mentioned in an earlier question. A new title search will uncover the lien, and you will have to pay it off as a condition for the refinance.
Insurers generally offer discounts on policies taken out within short periods after the preceding policy. In some cases, discounts are available as far out as 6 years from the date of the previous policy. Ask for it, it may not be offered if you don't.

Does the Fact That Title Insurance Companies Pay Out Very Little in Claims Indicate That it Is Overpriced?

No, it may be overpriced, but not for that reason. Because title insurance protects against what may have happened in the past, most of the expense incurred by title companies or their agents is in loss reduction. They look to reduce losses by finding and fixing defects before the policy is issued, in much the same way as firms providing elevator or boiler insurance. These types of insurance are very different from life, property or mortgage insurance, which protect against losses from future events over which the insurers have no control.

Are Title Insurance Premiums Fair to Low-Income Borrowers?

Probably they are more than fair. Most title insurance costs arise in preventing loss rather than paying claims, and prevention costs are not much different for a small policy than for a large one. Despite this, premiums are scaled to the amount of the mortgage or the value of the property, which suggests that smaller policies may be under-priced and larger policies overpriced.

Does Title Insurance Guarantee Me That I Will Be Able to Sell My Property If An Unforeseen Claim Arises?

No. Title insurance does not prevent loss of marketability due to a title claim, any more than fire insurance prevents fire. If a claim arises, you probably won’t be able to sell your property until the claim is settled by the title insurer. The interest of the owner and the insurer may clash in such cases. The owner usually wants settlement immediately, whereas the insurer wants to minimize the cost of settlement, which may require time-consuming negotiations with the claimant.

Why Are There Such Large Variations in the Cost of Title Insurance in Different Parts of the Country?

One major reason is that the services covered by the title insurance premium vary in different parts of the country. In some areas, the premium covers not only protection against loss but also the costs of search and examination, as well as closing services. In other areas, the premium covers protection only, and borrowers pay for the other related services separately.

To complicate it further, in some states the charges for title-related services are paid to title insurance companies, which perform the functions but charge separately for them. In other states, borrowers may pay attorneys or independent companies called abstractors or escrow companies.

Of course, what matters to the borrower is the sum total of all title-related charges. These also differ from one area to another in response to a variety of factors. The 50 states have 50 different regulatory regimes, which affect charges. So do local costs, competition in local markets, and other factors. This is a largely unstudied segment of the economy that would make a nice PhD dissertation for a student in economics!

Does a Borrower Have the Right to Purchase Title Insurance on Her Own?

Yes, although few exercise it. Most leave it up to one of the professionals with whom they deal – real estate agent, lender or attorney – to select the carrier. This means that competition among title insurers is largely directed toward these professionals who can direct business rather than toward borrowers.

If a Borrower Does Shop For Title Insurance, Would it Pay?

Perhaps. It is difficult to generalize because market conditions vary state by state, and sometimes within states.
I would certainly shop in states that do not regulate title insurance rates: Alabama, District of Columbia, Georgia, Hawaii, Illinois, Indiana, Massachusetts, Oklahoma, and West Virginia.

You would be wasting your time shopping in Texas and New Mexico because these state set the prices for all carriers. Florida also sets title insurance premiums but not other title-related charges, which can vary.

In the remaining states, the situation is murky and it may or may not pay to shop. Insurance premiums are the same for all carriers in “rating bureau states”: Pennsylvania, New York, New Jersey, Ohio and Delaware. These states authorize title insurers to file for approval of a single rate schedule for all carriers through a cooperative entity. Yet in some there may be flexibility in title-related charges. More promising are “file and use” states – all those not mentioned above -- which permit premiums to vary between insurers.

It is a good idea to ask an informed but disinterested local whether it pays to shop in the area where the property is located. Just keep in mind that those likely to be the best informed are also likely to have an interest in directing your business in the direction that is most advantageous to them.
Copyright Jack Guttentag 2006

Seventy Reasons to Get Title Insurance

You don't want problems from prior ownerships to interfere with your rights to your property. And you don't want to pay the potentially ruinous cost of defending your property rights in court.

A title insurance policy is your best protection against potential title defects, which can remain hidden despite the most thorough search of public records and the most careful escrow or closing.

For a one-time premium First American agrees to reimburse you for loss due to defects existing prior to the issue date of your policy, up to the policy amount. And, should it be needed, the policy also provides for the cost of legal defense of your title.The standard coverage policy protects you against such potential defects as:

  1. Forged deeds, mortgages, satisfactions or releases.
  2. Deed by person who is insane or mentally incompetent.
  3. Deed by minor (may be disavowed).
  4. Deed from corporation, unauthorized under corporate bylaws or given under falsified corporate resolution.
  5. Deed from partnership, unauthorized under partnership
  6. Deed from purported trustee, unauthorized under trust agreement.
  7. Deed to or from a "corporation" before incorporation, or after loss of corporate charter.
  8. Deed from a legal non-entity (styled, for example, as a
    church, charity or club).
  9. Deed by person in a foreign country, vulnerable to challenge as incompetent, unauthorized or defective under foreign laws.
  10. Claims resulting from use of "alias" or fictitious namestyle by a predecessor in title.

  1. Deed challenged as being given under fraud, undue influence
    or duress.
  2. Deed following non-judicial foreclosure, where required procedure was not followed.
  3. Deed affecting land in judicial proceedings (bankruptcy,
    receivership, probate, conservatorship, dissolution of
    marriage), unauthorized by court.
  4. Deed following judicial proceedings, subject to appeal or
    further court order.
  5. Deed following judicial proceedings, where all necessary
    parties were not joined.
  6. Lack of jurisdiction over persons or property in judicial
  7. Deed signed by mistake (grantor did not know what was
  8. Deed executed under falsified power of attorney.
  9. Deed executed under expired power or attorney (death, disability or insanity of principal).
  10. Deed apparently valid, but actually delivered after death of
    grantor or grantee, or without consent of grantor.
  11. Deed affecting property purported to be separate property of
    grantor, which is in fact community or jointly-owned
  12. Undisclosed divorce of one who conveys as sole heir of a
    deceased former spouse.
  13. Deed affecting property of deceased person, not joining all
  14. Deed following administration of estate of missing person,
    who later re-appears.
  15. Conveyance by heir or survivor of a joint estate, who
    murdered the decedent.
  16. Conveyances and proceedings affecting rights of service-member protected by the Soldiers and Sailors Civil Relief Act.
  17. Conveyance void as in violation of public policy (payment of gambling debt, payment for contract to commit crime, or conveyance made in restraint of trade).
  1. Deed to land including "wetlands" subject to public trust
    (vesting title in government to protect public interest in navigation, commerce, fishing and recreation).
  2. Deed from government entity, vulnerable to challenge as unauthorized or unlawful.
  3. Ineffective release of prior satisfied mortgage due to acquisition of note by bona fide purchaser (without notice of satisfaction).
  4. Ineffective release of prior satisfied mortgage due to bankruptcy of creditor prior to recording of release (avoiding powers in bankruptcy).
  5. Ineffective release of prior mortgage of lien, as fraudulently obtained by predecessor in title.
  6. Disputed release of prior mortgage or lien, as given under mistake or misunderstanding.
  7. Ineffective subordination agreement, causing junior interest to be reinstated to priority.
  8. Deed recorded, but not properly indexed so as to be locatable in the land records.
  9. Undisclosed but recorded federal or state tax lien.
  10. Undisclosed but recorded judgment or spousal/child support lien.
  11. Undisclosed but recorded prior mortgage.
  12. Undisclosed but recorded notice of pending lawsuit affecting land.
  13. Undisclosed but recorded environmental lien.
  14. Undisclosed but recorded option, or right of first refusal, to purchase property.
  15. Undisclosed but recorded covenants or restrictions, with (or without) rights of reverter.
  16. Undisclosed but recorded easements (for access, utilities, drainage, airspace, views) benefiting neighboring land.
  17. Undisclosed but recorded boundary, party wall or setback agreements.
  1. Errors in tax records (mailing tax bill to wrong party resulting in tax sale, or crediting payment to wrong property).
  2. Erroneous release of tax or assessment liens, which are later reinstated to the tax rolls.
  3. Erroneous reports furnished by tax officials (not binding local government).
  4. Special assessments which become liens upon passage of a law or ordinance, but before recorded notice or commencement of improvements for which assessment is made.
  5. Adverse claim of vendor's lien.
  6. Adverse claim of equitable lien.
  7. Ambiguous covenants or restrictions in ancient documents.
  8. Misinterpretation of wills, deeds and other instruments.
  9. Discovery of will of supposed intestate individual, after probate.
  10. Discovery of later will after probate of first will.
  11. Erroneous or inadequate legal descriptions.
  12. Deed to land without a right of access to a public street or road.
  13. Deed to land with legal access subject to undisclosed but recorded conditions or restrictions.
  14. Right of access wiped out by foreclosure on neighboring land.
  15. Patent defects in recorded instruments (for example, failure to attach notarial acknowledgment or a legal description).
  16. Defective acknowledgment due to lack of authority of notary (acknowledgment taken before commission or after expiration of commission).
  17. Forged notarization or witness acknowledgment.
  18. Deed not properly recorded (wrong county, missing pages or other contents, or without required payment).
  19. Deed from grantor who is claimed to have acquired title through fraud upon creditors of a prior owner.

An extended coverage policy may be requested to protect against such additional defects as:

  1. Deed to a purchaser from one who has previously sold or leased the same land to a third party under an unrecorded contract, where the third party is in possession of the premises.
  2. Claimed prescriptive rights, not of record and not disclosed by survey.
  3. Physical location of easement (underground pipe or sewer line) which does not conform with easement of record.
  4. Deed to land with improvements encroaching upon land of another.
  5. Incorrect survey (misstating location, dimensions, area, easements or improvements upon land).
  6. "Mechanics' lien" claims (securing payment of contractors and material suppliers for improvements) which may attach without recorded notice.
  7. Federal estate or state inheritance tax liens (may attach without recorded notice).
  8. Pre-existing violation of subdivision mapping laws.
  9. Pre-existing violation of zoning ordinances.
  10. Pre-existing violation of conditions, covenants and restrictions affecting the land.

The EAGLE Policy is our newest and most comprehensive coverage. Subject to availability in your area, the Eagle Policy covers all of the risks listed above, plus these:

  1. Post-policy forgery against the insured interest.
  2. Forced removal of residential improvements due to lack of an appropriate building permit (subject to deductible).
  3. Post-policy construction of improvements by a neighbor onto insured land.
  4. Damage to residential structures from use of the surface of insured land for extraction or development of minerals.

We're First American: Financially strong and reputation-proud. Let us help you avoid title problems.

(For some true "horror stories," taken from actual First American claim files, visit the "Claims Chronicles" reference section of our website.)

Title insurance calculation Maryland

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