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Real estate attorneys: is title insurance needed?

Posted on 1/16/14 at 8:33 pm
Posted by LSURussian
Member since Feb 2005
127061 posts
Posted on 1/16/14 at 8:33 pm
Why should a buyer of a house pay a couple thousand dollars for insurance to insure that the guy selling the insurance did his job correctly?
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17439 posts
Posted on 1/16/14 at 8:44 pm to
Its in case the title attorney missed liens or anything
Posted by rmc
Truth or Consequences
Member since Sep 2004
26574 posts
Posted on 1/16/14 at 9:47 pm to
Short answer:
1. Forgeries
2. Fraud
3. Unmentioned babies
4. 3 year limitation on legal malpractice

There are certain thing that can't be seen. After 3 years, you can't sue the attorney. Owner's title is effectively an extension of prescription. I don't do a ton of real estate (although my firm does), but I never push it. We have to present the option, and that's what I do. If I've done 100 closings in the past 2 years, I've had maybe 3 people buy it.

ETA: I don't have it on my residence and probably never will.
This post was edited on 1/16/14 at 9:48 pm
Posted by Y.A. Tittle
Member since Sep 2003
101810 posts
Posted on 1/16/14 at 10:23 pm to
I think it's mostly a racket. I opted out of getting it on my house. A title search is pretty easy and basically ironclad.
Posted by LSU0358
Member since Jan 2005
7920 posts
Posted on 1/17/14 at 9:31 am to
It depends. How much is being put down on the house? If its a situation with 2-5% down, paying 800 dollars (a couple thousand is excessive for title insurance) to protect 5000 dollars is not worth it. If someone puts down 80000 plus on a house, 800 dollars to protect 80000 could be worth your while.
Posted by OTIS2
NoLA
Member since Jul 2008
50260 posts
Posted on 1/17/14 at 10:01 am to
It's needed. A potential claim against the closing attorney isn't actionable forever.
Posted by LSUnowhas2
Baton Rouge
Member since Sep 2004
21981 posts
Posted on 1/17/14 at 10:04 am to
and because it is likely that your mortgage lender will require it.
Posted by Quigley
Down Under
Member since Jul 2009
4007 posts
Posted on 1/17/14 at 10:51 pm to
I never push owner's insurance. My state requires we inform the purchaser of its availability, but in all the years we've closed I've probably done ten owner's policies out of hundreds and hundreds of closings.

As for the prices and rates quoted in this thread they are much higher than the customary rates in our area. Our firm writes for 3 different companies and we have preferred commission rates based on our volume. Even then I've never seen or heard of an 80/20 split. Would love to have that rate but ours is 70/30. Maybe other states are different.

Also $700+ for a title search is ridiculous unless it's commercial property, the chain is really out of whack, or there is a lot of work needed to clear title and they bump those costs over to search fees.
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