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TITLE INSURANCE

Why do I need title insurance?

A real estate purchase is one of the best investments you can make -- so be certain to protect your land ownership against possible title problems that can hinder the transfer of your real property or make it unmarketable. These problems are defects that occur before the date of the policy and remain undisclosed until sometime later. Even the most thorough search of public records cannot reveal some of these "hidden" hazards. 

A one-time premium safeguards your property from actual loss resulting from any risk covered by your policy, up to the amount of the policy, and provides for defense costs also, unless specifically excluded. 

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TITLE DEFECTS

An owner's policy of title insurance is a contract that protects you, according to the contract terms, against loss or damage due to title defects. 

Here are a few examples of what title insurance protects:  

  • Mistakes in recording of legal documents. 

  • Forged deeds, releases or wills.

  • Undisclosed or missing heirs, including spouses. 

  • Deeds by persons of unsound mind. 

  • Deeds by minors.

ENHANCED vs. STANDARD TITLE INSURANCE

Fidelity National Title Insurance has responded to the concerns of lenders, owners, and real estate professionals by developing a new title insurance product known as the "Enhanced" policy. This policy provides the owner with coverages which were not provided for in prior policies. These new coverages include some important new benefits for the real estate owner. In additional to all of the coverages provided by previous policies, some of the major new Advantages to the owner are: 

  • The amount of insurance automatically increases by 10 percent per year for the first five years to a maximum of 150 percent of the original policy amount. 

  • "Access" coverage has been expanded to insure pedestrian and vehicular traffic. 

  • Mechanic's lien coverage is provided for work done prior to the date of the policy unless owner agreed to the work. 

  • Zoning coverage is now provided, insuring that the land is properly zoned for residential 1-4 family home or condominium. 

  • Subdivision coverage is now provided in the event that land is a portion of an improperly created subdivision. Coverage limited to $10,000. 

  • Coverage for up to $25,000 is provided if the owner is forced to remove an existing structure, other than a boundary wall or fence, due to obtain a building permit. 

  • Coverage is provided for forgeries affecting title after the date of policy. 

  • The Advantage policy applies only to residential 1-4 family structures or residential condominiums. 

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TOP 20 REASONS FOR OWNER'S TITLE INSURANCE

  1. Forgery 

  2. Fraud in the execution of documents

  3. Undue influence on the grantor of a deed

  4. False impersonation by someone purporting to be the owner of the property

  5. Errors in surveys

  6. Undisclosed or missing heirs

  7. Wills not properly probated

  8. Misrepresentation of wills and trusts

  9. Mental incompetence of a grantor of a deed

  10. Transfer of title by a minor

  11. Heirs born after execution of a will

  12. Incorrect legal descriptions

  13. Non-delivery of deeds

  14. Unsatisfied claims not shown on the record

  15. Deeds executed under expired or false powers of attorney 

  16. Confusion due to similar or identical names

  17. Dower of courtesy rights of spouses of former owners

  18. Incorrect indexing of the land records

  19. Clerical errors in recording legal documents 

  20. Delivery of deeds after the death of the Grantor

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