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Why Do You Need It?
Buying a new home is one of life's most
gratifying experiences. As you approach the big
day of closing, however, all the details can be
a little overwhelming. You might easily overlook
the single most important step in the entire
process -- the purchase of Title Insurance on
the wonderful new home of yours.
What is a Title?
A title is the evidence, of right, that a person has
to the ownership and possession of land. It is
possible that someone other than the owner has a
legal right to the property. If that right can be
established, this person can claim the property
outright or make demands on the owner as to its use.
Do I need Title
Insurance?
Most definitely! Title insurance is a means of
protecting yourself from financial loss in the event
that problems develop regarding the rights to
ownership of your property. There may be hidden
title defects that even the most careful title
search will not reveal. In addition to protection
from financial loss, title insurance pays the cost
of defending against any covered claim.
What can make a Title
Defective?
Any number of problems that remain undisclosed after
even the most meticulous search of public records
can make a title defective. These hidden "defects"
are dangerous indeed because you may not learn of
them for many months or years. Yet they could force
you to spend substantial sums on a legal defense,
and still result in the loss of your property.
But the lender
already requires Title Insurance, won't that protect
me?
Not necessarily. There are two types of Title
Insurance. Your lender likely will require that you
purchase a Lender's Policy. This policy only insures
that the financial institution has a valid,
enforceable lien on the property. Most lenders
require this type of insurance, and typically
require the borrower to pay for it.
An Owner's Policy on the
other hand is designed to protect you from title
defects that existed prior to the issue date of your
policy. Title troubles, such as improper estate
proceedings or pending legal action, could put your
equity at serious risk. If a valid claim is filed,
in addition to financial loss up to the face amount
of the policy, your owner's title policy covers the
full cost of any legal defense of your title.
How much does Title
Insurance cost?
The one-time premium is directly related to the
value of your home. Typically, it is less expensive
than your annual auto insurance. It is a one-time
only expense, paid when you purchase your home. Yet
it continues to provide complete coverage for as
long as you or your heirs own the property.
Should I shop around
for the best Title Insurance deal?
Some states closely regulate rates. Others permit
open competition, often resulting in significant
differences between title insurers on rates and
coverage. Depending where you live, it pays to
investigate your options carefully in order to
obtain the most complete coverage.
Can my title company
handle the closing?
Yes, in most areas of the country. Your title
company and its agents act as a central
clearinghouse for the parties involved -- collecting
necessary documents, insuring adherence to the
lender's title instructions, making arrangements for
proper payment and distribution of funds.
What items are needed
at closing?
You will want to have these items complete or in
hand when you come to the closing (please confirm
with your escrow officer, as practices vary by
state):
Buyer
- Buyer's copy of purchase
agreement
- Cashier's check(s) to
make all payments
- Proof of purchase of
insurance for fire, casualty, etc.
- Invoices for any unpaid
taxes, utilities or assessments
- Photo identification
(passport, driver's license, or state-issued
identification card)
Seller
- Seller's copy of
purchase agreement
- Invoices for any unpaid
taxes, utilities, assessments, and latest
utilities meter readings
- Receipts for last
payment of interest on mortgages
- Bill of Sale of personal
property covered by the purchase agreement
- Any unrecorded
instruments that affect the title
- Proof of satisfaction of
any mechanics' liens, chattel mortgages,
judgments, or mortgages that were paid prior to
the closing
- Photo identification
(passport, driver's license, or state-issued
identification card)
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