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re: Owner's Title Insurance when Buying a House

Posted on 6/7/17 at 4:11 pm to
Posted by ThePoo
Work
Member since Jan 2007
61828 posts
Posted on 6/7/17 at 4:11 pm to
and fwiw, this is the crux of title insurance to me and why even if I were confident in my title attorney I would get it anyway


quote:

What About Hidden Title Risks?
The title to the property that you have purchased could be seriously threatened or lost completely by hazards which are considered "hidden risks." "Hidden Risks" are those matters, rights or claims that are not shown by the public records and, therefore, are not discoverable by a search and examination of those public records. Matters such as forgery, incompetency or incapacity of the parties, fraudulent impersonation, and unknown errors in the records are examples of "hidden risks" which could provide a basis for a claim after you have purchased the property. The policies issued by Fidelity National Title protect you against many of these “hidden risks.”

This post was edited on 6/7/17 at 4:11 pm
Posted by ThePoo
Work
Member since Jan 2007
61828 posts
Posted on 6/7/17 at 4:14 pm to
quote:

That's what happened in the example I gave. A title search would have done no good.
Thes succession/judgment possession/donations should all be recorded in the public records of the parish the property sits

If they aren't, the title company should request such documents and record them with the closing docs

They should never close without fully executed documents showing that the seller is full owner. If they aren't recorded or the seller can't provide the docs, then do not close

if there is a succession with children, you will need a will or donation/quitclaim where the kid gives their interest to the widow if widow wants full and sole authority to sell
This post was edited on 6/7/17 at 4:16 pm
Posted by kjntgr
Baton Rouge
Member since Jan 2004
9018 posts
Posted on 6/7/17 at 4:35 pm to
What about if you build the home?
Posted by Neauxla_Tiger
Member since Feb 2015
2134 posts
Posted on 6/7/17 at 4:43 pm to
quote:

What about if you build the home?


The risk is lessened, but there could still be issues with the title on the land itself.

The excerpt ThePoo posted above is very succinct. Some stuff you, nor the title attorney, would never know until someone shows up on your doorstep claiming they have an ownership interest. There's no way for the title attorney to determine a signature on a sale from 15 years ago was fraudulent.
Posted by JoePepitone
Waffle House #1494
Member since Feb 2014
12209 posts
Posted on 6/7/17 at 4:43 pm to
Title to the dirt it sits on could be clouded.
Posted by Mung
Ba’on Rooj
Member since Aug 2007
9501 posts
Posted on 6/7/17 at 4:45 pm to
quote:

I am a title//closing attorney


2/3 of premium goes to Title agent
Posted by Mung
Ba’on Rooj
Member since Aug 2007
9501 posts
Posted on 6/7/17 at 4:46 pm to
quote:


why can't you folks make modest commission off of these policies like the rest of us folk?


6% of sale price for less work and liability incurred by title agent.
Posted by ThePoo
Work
Member since Jan 2007
61828 posts
Posted on 6/7/17 at 4:47 pm to
still get of for two reasons mainly:

1) title insurance is not just insuring the construction but also the land the construction is built on, which could have had several owners

2) unrecorded construction liens, builders not paying subcontractors, contracting can be a shady business
Posted by yellowfin
Coastal Bar
Member since May 2006
99037 posts
Posted on 6/7/17 at 5:01 pm to
Same question as any insurance......


Can you afford not to have it if shite goes bad?
Posted by bigblake
Member since Jun 2011
2622 posts
Posted on 6/7/17 at 5:02 pm to
(no message)
This post was edited on 7/23/17 at 11:06 pm
Posted by ThePoo
Work
Member since Jan 2007
61828 posts
Posted on 6/7/17 at 5:04 pm to
Well yeah, insurance companies (no matter the insurance) like most companies are not in the business of losing money

No one needs insurance until they need it

Like any insurance, of you don't need to use it, it is a negative net gain
This post was edited on 6/7/17 at 5:08 pm
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29900 posts
Posted on 6/7/17 at 5:05 pm to
quote:

Where you in OB this weekend for the conference?


I was there! Back right corner for the win!
Posted by bigblake
Member since Jun 2011
2622 posts
Posted on 6/7/17 at 5:08 pm to
(no message)
This post was edited on 7/23/17 at 11:06 pm
Posted by ThePoo
Work
Member since Jan 2007
61828 posts
Posted on 6/7/17 at 5:10 pm to
Well other insurance in Louisiana is twice as much yearly as title insurance is for a one time payment

Your argument would be more valid if you didn't have to pay a home or auto insurance premium every year

Barring a catostrophic claims, if you come out -$600 on auto insurance and home insurance over he life of your payments to the company (like your math suggests for title insurance) you are coming out pretty good imo
This post was edited on 6/7/17 at 5:15 pm
Posted by bigblake
Member since Jun 2011
2622 posts
Posted on 6/7/17 at 5:18 pm to
(no message)
This post was edited on 7/23/17 at 11:06 pm
Posted by ThePoo
Work
Member since Jan 2007
61828 posts
Posted on 6/7/17 at 5:21 pm to
I'm in the insurance industry too, multiple lines

Property and casualty risk is significantly higher, thus you pay many many thousands of dollars more into that pot than you do for title insurance
This post was edited on 6/7/17 at 5:22 pm
Posted by bigblake
Member since Jun 2011
2622 posts
Posted on 6/7/17 at 5:25 pm to
(no message)
This post was edited on 7/23/17 at 11:07 pm
Posted by ThePoo
Work
Member since Jan 2007
61828 posts
Posted on 6/7/17 at 5:30 pm to
I mean let's the average Louisianian pays $3000 a year in home and auto insurance over the course of 40-50 years of car and home ownership you are laying between $120000-$150000 in property and casualty insurance premium

What percentage of insureds do you think recover that in payouts? I would assume property and casualty companies are making far more than $600 per insured on average
Posted by bigblake
Member since Jun 2011
2622 posts
Posted on 6/7/17 at 5:39 pm to
(no message)
This post was edited on 7/23/17 at 11:06 pm
Posted by rmc
Truth or Consequences
Member since Sep 2004
27402 posts
Posted on 6/7/17 at 5:40 pm to
Wish I had known that. I was front right. Had to get close to the power outlet for laptop charge.
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