What is it? Why do you need it?

Title insurance is an insured statement of your ownership rights or 'title' to a property. Just because a deed has been executed and the transfer has been recorded in the court house records, it does not necessarily cancel certain prior 'rights' or 'claims' that other people might have in your property. Some of these 'claims' can go back in time months or years to prior owners of your newly acquired property.

An owners insurance policy guarantees that the property you are purchasing is free and clear of hidden defects in the title, such as undisclosed liens, confusion in ownership and other clouds on the title. Without it, you may not be fully protected against these potential claims that could cause you to lose your property and the money you invested in it. Even if you are able to successfully defend your rights of ownership in a claim, the time you would lose and legal fees incurred could be quite significant.

The title insurance policy, in short, agrees to defend your title in the courts, as insured, at its own expense. It also agrees to correct the title if at all possible and in the worst case scenario, to promptly pay you for your loss in the event of a loss defending your title.

• Forged deeds, mortgage, satisfactions, or releases
• Deed by a minor or person who is mentally incompetent
• Deed executed under falsified or expired power of attorney
• Deed from corporation, unauthorized by corporate by-laws or resolution
• Deed from partnership, unauthorized under partnership agreement
• Deed recorded, but not property indexed in the public records
• Deed challenged as being given under fraud, undue influence, or duress.
• Claims resulting from use of 'alias' or fictitious name by a predecessor in title
• Undisclosed but recorded federal or state tax lien
• Undisclosed but recorded judgment or spousal/child support lien
• Undisclosed but recorded prior mortgage
• Undisclosed but recorded notice of pending lawsuit affecting land
• Undisclosed but recorded easements (for access, utilities, drainage, airspace, views) benefiting neighboring land
• Undisclosed but recorded covenants or restrictions, with (or without) rights of reverter
• Undisclosed but recorded boundary, party wall, or setback agreements
• Errors in tax record (mailing tax bill to wrong party resulting in tax sale, or crediting payment to wrong property)
• Misinterpretation of wills, deeds, and other instruments
• Erroneous or inadequate legal descriptions
• Deed to land without a right of access to a public street or road
• Deed to land with legal access subject to undisclosed but recorded conditions or restrictions.
• Forged notarization or witness acknowledgment
• Deed not properly recorded (wrong county, missing pages or other contents, or without required payment)
• Deed from grantor who is claimed to have acquired title through fraud upon creditors of a prior owner.

Additional Coverage Can Be Purchased to Protect Against:

• Preexisting violation of subdivision mapping laws
• Preexisting violation of conditions, covenants, and restrictions affecting the land
• Preexisting violation of conditions, covenants, and restrictions affecting the land
• Deed to land with improvements encroaching upon land of another
• Incorrect survey (misstating location, dimensions, area easements, or improvements upon land)
• Forgery after the date of policy
• Federal estate or state inheritance tax liens (may attach without recorded notice)
• Physical location of easement (underground pipe or sewer line) which does not conform with easement or record