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Title Insurance

Posted on 4/30/13 at 1:40 pm
Posted by LSUguerilla
Baton Rouge
Member since Oct 2003
608 posts
Posted on 4/30/13 at 1:40 pm
Can you legally opt-out of purchasing Title Insurance in Louisiana?
Posted by 19thHole
Working on my TPS reports
Member since Dec 2007
4908 posts
Posted on 4/30/13 at 1:44 pm to
cash = yes

mortgage = depends on bank/mortgage co.
Posted by schexyoung
Deaf Valley
Member since May 2008
6534 posts
Posted on 4/30/13 at 1:45 pm to
I'm sure there is a way, but can you find a lender who won't require it?
Posted by rmc
Truth or Consequences
Member since Sep 2004
26488 posts
Posted on 4/30/13 at 1:46 pm to
quote:

cash = yes

mortgage = depends on bank/mortgage co.


Correct. And I'll expound a little further:

You can always opt out of owner's. Lender's it depends on the lender. Any large residential lender is going to require it. Some local banks may take a title opinion depending on the nature/maturity of the loan.

When you have to purchase lender's, owner's comes at a much lower rate. I'm just throwing some #s out, but if lender's is costing $800, owner's may only cost like 150.
Posted by LSUguerilla
Baton Rouge
Member since Oct 2003
608 posts
Posted on 4/30/13 at 2:23 pm to
So do I ask my lender to only look at companies that don’t require title insurance?
Posted by tiger94gop
GEISMAR
Member since Nov 2004
2913 posts
Posted on 4/30/13 at 2:34 pm to
No conforming lender will not require title insurance. Also, most lender unless a finance co, will require title insurance because of risk. Lender's cover's them, so they all will require it. I know RMC is an attorney, but owner's title is always more expensive than lenders. He may mean that part of the premium is covered under lenders and part under owner's I am not sure. Most people to get owner's on a purchase because of the transfer of title. Most just get lender's on a refi bcause the original transfer is covered. Also, I am not sure, but if you go back through the same title co, there should be a reduction of cost for a refi because they already sold you a policy.

However, no reputable lender, will not require title insurance on a purchse. Too much risk.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
42453 posts
Posted on 4/30/13 at 3:04 pm to
Why would you want to do such a thing?
Posted by LSUguerilla
Baton Rouge
Member since Oct 2003
608 posts
Posted on 4/30/13 at 3:23 pm to
I like to live life on the edge
Posted by rmc
Truth or Consequences
Member since Sep 2004
26488 posts
Posted on 4/30/13 at 3:26 pm to
quote:

I know RMC is an attorney, but owner's title is always more expensive than lenders. He may mean that part of the premium is covered under lenders and part under owner's I am not sure.


Yeah, that's what I was getting at. I may have said something backwards.

quote:

Also, I am not sure, but if you go back through the same title co, there should be a reduction of cost for a refi because they already sold you a policy.


Correct, you get a reduced rate.
Posted by TigerRob20
Baton Rouge
Member since Nov 2008
3732 posts
Posted on 4/30/13 at 3:27 pm to
quote:

Why would you want to do such a thing?



We opted out of ours because we know that the original owners bought the property. Their sons are selling it, so the title is clean. Saved us $1600
This post was edited on 4/30/13 at 4:12 pm
Posted by hawkeye007
Member since Feb 2010
5844 posts
Posted on 4/30/13 at 3:29 pm to
its a scam you are buying insurance on the work that you are paying a title company to do. never been a fan of it and i am mortgage guy.
Posted by Jonas
Northshore
Member since Nov 2010
594 posts
Posted on 4/30/13 at 3:35 pm to
quote:

We opted out of ours because we know that the original owners built the house. Their sons are selling it, so the title is clean. Saved us $1600


You are aware that the title insurance is for the land not the building, correct?
Posted by NEWBIE
Member since Jun 2008
196 posts
Posted on 4/30/13 at 3:59 pm to
quote:

Now the title company still requires it on their


A title company never requires a title policy. The lender requires a lender's policy to protect itself.

The title company may recommend the buyer get an owner's policy, but can't require you to purchase one. This recommendation can be based on if the title history was unusual and the attorney thinks there may be a risk. Sometimes, the title can be properly reviewed and their still may be a defect in title.

I would recommend talking to your title attorney to see why he recommends an owner's policy regarding your property.
This post was edited on 4/30/13 at 4:01 pm
Posted by TigerRob20
Baton Rouge
Member since Nov 2008
3732 posts
Posted on 4/30/13 at 4:10 pm to
quote:

You are aware that the title insurance is for the land not the building, correct?


Yes, that is what I meant. I was typing and talking on the phone at the same time.

This post was edited on 4/30/13 at 4:11 pm
Posted by rmc
Truth or Consequences
Member since Sep 2004
26488 posts
Posted on 4/30/13 at 4:44 pm to
quote:

its a scam you are buying insurance on the work that you are paying a title company to do. never been a fan of it and i am mortgage guy.


It's an extension of prescription. If you think that's a scam then so be it.
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35473 posts
Posted on 4/30/13 at 5:05 pm to
I think it's prudent to get title insurance. It's not like it's a recurring monthly obligation and it provides peace of mind.

As an aside, no one personally knows the original owners of the land.
Posted by Eon Blue
New Orleans
Member since Feb 2007
384 posts
Posted on 5/1/13 at 12:33 am to
quote:

We opted out of ours because we know that the original owners built the house. Their sons are selling it, so the title is clean. Saved us $1600

You are aware that title insurance is there to protect you from what you don't know about the property?
Bastard children popping up claiming they're heirs.
Invalid prior deeds due to duress, incompetence, fraud etc.
Unrecorded easements, contracts, taxes etc
Strange and unlikely as these may be you would spend much more than $1600 defending against a suit even if the claim was eventually ruled in your favor. Will you ever need to use your title policy? Probably not. You probably won't ever need your fire policy either.
And by the way attorneys can only see what is recorded. So even if you appear to have a clean title you may not.
This post was edited on 5/1/13 at 12:43 am
Posted by Gorilla Ball
Member since Feb 2006
11646 posts
Posted on 5/2/13 at 1:34 am to
Great reply
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29261 posts
Posted on 5/2/13 at 2:05 pm to
quote:


You are aware that title insurance is there to protect you from what you don't know about the property?
Bastard children popping up claiming they're heirs.
Invalid prior deeds due to duress, incompetence, fraud etc.
Unrecorded easements, contracts, taxes etc
Strange and unlikely as these may be you would spend much more than $1600 defending against a suit even if the claim was eventually ruled in your favor. Will you ever need to use your title policy? Probably not. You probably won't ever need your fire policy either.
And by the way attorneys can only see what is recorded. So even if you appear to have a clean title you may not.


This.

We are only on the hook for three years for things we should have seen. If a bastard child shows up and screws up your title, you don't have a claim against the attorney, even if it is within three years of closing as it is not something in the public record.

I am a title attorney and I buy owner's title insurance on everything I buy because I have seen a ton of things that can pop up to affect title that are not a part of the public record.

Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29261 posts
Posted on 5/2/13 at 2:10 pm to
quote:

We opted out of ours because we know that the original owners bought the property. Their sons are selling it, so the title is clean. Saved us $1600


This is like playing russian roulette with yourself. One of the most common ways title gets messed up is after/during a succession.
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