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Started By
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Real estate attorneys: is title insurance needed?
Posted on 1/16/14 at 8:33 pm
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 on 1/16/14 at 8:44 pm to LSURussian
Its in case the title attorney missed liens or anything
Posted on 1/16/14 at 9:47 pm to LSURussian
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.
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 on 1/16/14 at 10:23 pm to LSURussian
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 on 1/17/14 at 9:31 am to LSURussian
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 on 1/17/14 at 10:01 am to LSURussian
It's needed. A potential claim against the closing attorney isn't actionable forever.
Posted on 1/17/14 at 10:04 am to LSURussian
and because it is likely that your mortgage lender will require it.
Posted on 1/17/14 at 10:51 pm to LSURussian
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.
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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