There are two types of title insurance: owner’s title insurance and lender’s title insurance. Both provide important protections for different participants in a real estate transaction, and it’s important to be able to distinguish between the two and what they cover. Most owner’s title insurance policies are purchased as a guarantee against potential hazards. Although optional, an owner’s policy typically protects the home buyer from the most common risks, including:Owner’s Title Insurance Policy
- Conflicting ownership claims, such as will complications and similar disputes
- Outstanding lawsuits, liens and other encumbrances against the property that invalidate the seller’s legal claim
- Erroneous or flawed public records, including honest mistakes like incorrect signatures
- Outright fraud and/or forgery
- Undisclosed easem*nts or other agreements that may limit the usage or reduce the value of the property
While you don’t have to have an owner’s title policy, it can be an added precaution that gives you a little more peace of mind as a buyer. Even if you’ve hired a title company to research properties, there’s always the chance that something will slide under the radar.
Lender’s Title Insurance Policy
A lender will always require the borrower to purchase a lender’s title insurance policy before obtaining a home loan, and the policy is usually issued by the title company to mark the conclusion of their title search.
The basic functionality is the same as that of an owner’s policy: to protect the lender against potential losses in the event that the seller is not legally able to transfer title rights. The lender is covered up to the loan amount. Only the lender is protected by such a policy, however.
If you end up saddled with back taxes and aren’t personally insured, a lender’s policy won’t protect you, but an owner’s title insurance policy will.
Alternative To A Title Policy: Warranty Of Title
A warranty of title is a guarantee by the seller that they have the legal right to transfer ownership to the buyer and that no one else can lay claim to the property. If it turns out that someone else has a claim on the property, the warranty grants the buyer legal recourse against the seller.
Although many transactions include a warranty of title by default, some don’t. Estate sales, auctions and similar circ*mstances in which the seller is a representative rather than the owner may not include a warranty of title, because the representative is not aware of any conflicting claims. In such a situation, a home buyer may still want to consider purchasing a title insurance policy.
