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There are two types of title
insurance:
 | Owners coverage
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 | Lenders, or mortgagee, protection |
Owners title insurance ordinarily is issued
in the amount of the real estate purchase and lasts as long as the
insured--or his/her heirs--have an interest in the property concerned. This
may even be after the insured has sold the property. The amount of lenders
title insurance decreases and eventually disappears as the loan is paid off.
Most lenders require mortgagee title insurance as security for their
investment in real estate, just as they may call for fire insurance and
other types of coverage as investor protection.
Eliminating Risk Before
Insuring
An important part of title insurance is its emphasis on risk elimination
before insuring. This means the insured has the best possible chance for
avoiding title claim and loss. Title insuring begins with a search of public
land records for matters affecting the title to the real estate. The
examination of evidence from a search is intended to fully report all
material objections to the title. Frequently, instruments that don’t clearly
pass title are found in the chain, or history, of ownership assembled from
the records in a search. These need to be corrected before a clear title can
be conveyed. Here are some examples of instruments that can present
concerns:
 | Deeds, wills, and trusts that contain
improper vestings and incorrect names |
 | Outstanding mortgages, judgments, and tax
liens
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 | Easements
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 | Incorrect notary acknowledgments |
Through the search and the examination,
title problems like these are disclosed so they can be cleared up whenever
possible. But even the most careful preventive work cannot locate hidden
hazards of title.
In spite of all the expertise and dedication
that go into a search and examination, hidden hazards can emerge after
completion of a real estate purchase, causing an unpleasant and costly
surprise. Some examples include the following.
 | A forged deed that transfers no title to
real estate
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 | Previously undisclosed heirs with claims
against the property |
 | Instruments executed under expired or
fabricated power of attorney |
 | Mistakes in the public records. |
Title insurance offers financial protection against these and other
hidden hazards through negotiation by the title insurer with third parties,
payment for defending against an attack on title as insured, and payment of
claims.
Insist on Title Insurance
Because of title insurance, home buyers can enjoy complete protection
against claim and loss. When title insurance is provided, lenders are
willing to make mortgage money available in distant locales where they know
little about market conditions. Only title insurance issued through members
of the American Land Title Association offers the unique safeguards that are
essential for secure investment by both real estate purchasers and lenders.
Make sure you are fully protected. Insist on a title insurance policy.
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