What is Title Insurance? Do I really need it?:
Title insurance came about in great part because of a deficiency
in U.S. land records. In a recording system, each time there is a
transfer of land title, the transfer is recorded with a local
government recorder located usually in the county where the land
lies. It then gets filed under the name of the grantor and grantee
so it can be found and examined by anyone who wants to see it.
Failure by the grantee to record the transfer makes it so future
purchasers of the property don’t know of its existence. The
recorders’ office has to determine who owns title by examining the
files, using rules established by the state legislature and courts.
If there is a disagreement on who owns title then the final decision
will have to be made by the courts.
Title insurance is insurance against a financial loss due to
problems in title and also invalid mortgage liens. It protects the
buyer or lenders financial interests in the property from financial
loss due to problems in the title. Title insurance will protect your
interest by defending against a lawsuit that attacks the title.
It is important that you have title insurance as there may be liens
on the property from not paying taxes or some other reason which
means that the person selling you the house does not have a clear
title on the property. Also, if you are taking out a loan to
purchase the property from a financial institution then it will be
required that you have title insurance. The financial institution
will not risk lending you that money without title insurance.
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