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Title Insurance

Posted on 7/2/09 at 8:35 am
Posted by TEABAGTEBOW
BATON ROUGE
Member since Jan 2008
108 posts
Posted on 7/2/09 at 8:35 am
Closing on my new house today is title insurance worth buying or is it a scam?
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
51340 posts
Posted on 7/2/09 at 9:58 am to
yes. like any other insurance. Seems like a lot of money til you need it.
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
51340 posts
Posted on 7/2/09 at 9:59 am to
yup. And there are reasons real estate law carries the highest E&O coverage. Very easy for mistakes to happen or liens to be missed.
Posted by amsterdam
In His Word
Member since Jul 2008
1033 posts
Posted on 7/2/09 at 10:16 am to
I didnt buy it on my first house. Thought it was BS. When I went to sell, the title was FUBAR and it took a month to track down previous owners and get affidavits. I would highly recommend it.
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 7/2/09 at 10:22 am to
Like the others implied, usually it's just throwing away money. Unless, of course, it isn't. From what I understand it's unusual but it does happen from time to time, which is why most mortgage lenders require it even for a refinance.

For example, the seller might have had major remodeling done on the property and failed to pay the contractor, so the contractor puts a lien on the property to make sure the owner can't sell the property and move to the Cayman Islands.
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29250 posts
Posted on 7/2/09 at 1:08 pm to
quote:

Very easy for mistakes to happen or liens to be missed.


It's not just missing things. Let's say that there was a succession in the chain of title and one of the heirs was ommitted, or there was a forgery in the chain, or some other mistake not apparent from the public records at the time of closing which leads to a unmarketable title, the closing attorney is off the hook. The purchaser would have to go after the seller, if they can find them. Title insurance covers this scenario.

Another thing is that an attorney is only liable for malpractice for three years, so after that time, we are off the hook (as is our malrpractice insurer). Title insurance covers you as long as you or your heirs own the property.

Finally, know the difference in title insurance. If you do get permanent financing you will be required to purchase lender's covereage, but not owners (for you) coverage. However, I highly recommend that you do for the reasons above. Lender's insurance only covers the lender if they don't have title sufficient to foreclose on.
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