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What is a Title?
A title is evidence, of right, that a person has to the ownership
and possession of land. It can be 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. Please contact us if you have any questions.
What if Title Insurance?
There are two types of Title Insurance:
Lender's Policy - The lender will require that the borrower purchase
a Lender's Policy. This policy only insures the lender there is a
valid, enforceable lien on the property. In the event of a foreclosure,
the lender is covered. The Lender's Policy does not protect the owner.
Owner's Policy - An Owner's Policy protects the owner of the property
from any hidden risks, which may not be disclosed by even the most
meticulous search of public records. It is designed to protect the
borrower from title defects that existed prior to the purchase of
the Owner's Policy. It also covers the full cost of any legal defense
of the title, if and when a claim is made against the title to the
property.
What are some examples of Title defects?
Any number of problems can remain undisclosed even after Public records
are thoroughly searched. These hidden defects are dangerous indeed
because you may not learn of them for several months or even years.
Yet they could force you to spend substantial sums on a legal defense
and still result in the loss of the property. Examples of Title defects:
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Creditor claims
Mistaken interpretation of wills and trusts
Incorrect representation of marital status
Undisclosed heirs
Mistakes in recording legal documents
Incorrect legal descriptions
Errors in tax records
Fraudulent execution of documents
Forged deeds, releases, etc.
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What you will
need at closing?
Certified funds or cashier's check in the amount of your closing costs,
as per your Good Faith Estimate from your loan officer. The check
should be made payable to Class Abstract. Proof of personal identification
is required. A picture ID, such as a driver's license, state identification
card, passport, etc. A new hazard insurance binder for your new home,
along with a paid receipt for the first year premium. If refinancing,
a new binder is required showing premium and next due date. Make sure
the correct loss payee clause is included in your insurance policy;
check with your mortgage company. Please bring along the name, address
and phone of your insurance agent. A list of all previous addresses
for the past 10 years will be required at closing. Your loan officer
may require proof of sale on your previous home, if applicable. This
generally includes a copy of the HUD-1 settlement statement and a
copy of the warranty deed conveyed. Additional documentation may be
required by your mortgage company, such as proof of creditor payoff,
gift letter, evidence of deposit, etc. Check with your loan officer
for special requirements prior to closing.
How much does an Owner's Policy cost?
The Owner's Policy is basedupon the purchase price of the property
and a discount is usually available if purchased in conjunction with
Lender's Policy at the time of closing. The Owner's Policy has a one-time
premium that insures the home as long as the owner or their heirs
have an interest in the property.
Is an Attorney's Opinion as good as an Owner's
Policy?
No. Title Insurance offers your more protection, insuring you against
monetary loss caused by title defects or encumbrances on the title
to the property. An attorney's opinion is not an insurance policy.
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