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What realtors should know about title insurance

Posted by Andrew Senerchia | Aug 28, 2023 | 0 Comments

Title insurance is a crucial aspect of the real estate industry that every realtor should be well-versed in. It's a type of insurance that protects both buyers and lenders from potential financial loss related to problems with a property's title. While it might not be the most glamorous part of a real estate transaction, understanding the ins and outs of title insurance can make you a more informed and effective realtor. In this blog, we'll explore what realtors should know about title insurance and why it matters.

  1. Title Insurance Protects Against Hidden Title Issues

Title insurance is designed to protect against any hidden issues with a property's title. These issues can include:

Liens: Unpaid debts that can result in a claim against the property.

Encumbrances: Restrictions or limitations on how the property can be used.

Forgery: Fraudulent signatures on documents related to the property's title.

Errors in Public Records: Mistakes or omissions in public records or deeds.

Undisclosed Heirs: Unknown heirs claiming an interest in the property.

Boundary Disputes: Disagreements over property lines.

If any of these issues arise after the sale, the title insurance policy can help cover the costs associated with resolving them, which can be substantial.

  1. There Are Two Types of Title Insurance

Realtors should be aware that there are two main types of title insurance:

Owner's Policy: This protects the buyer's investment in the property and is typically paid for by the buyer. It provides coverage for the purchase price of the property.

Lender's Policy: This protects the lender's interest in the property and is usually required when obtaining a mortgage. The cost is often included in the closing costs paid by the buyer. The lender's policy coverage amount decreases as the mortgage balance decreases.

Both policies are important in a real estate transaction, as they protect different parties with a vested interest in the property.

  1. Title Searches and Clearing Issues

Before issuing a title insurance policy, a title company conducts a thorough title search. This involves examining public records to identify any potential issues with the property's title. If issues are found, they must be addressed and cleared before the sale can proceed. This is often the responsibility of the seller, but realtors can play a crucial role in facilitating this process by ensuring that all necessary steps are taken to resolve any title issues.

  1. It's a One-Time Cost

Unlike other types of insurance that require regular premium payments, title insurance is typically a one-time cost paid at the time of closing. The cost is based on the property's purchase price and can vary depending on the location and the title insurance company. Buyers can often choose their title insurance provider, but it's essential to work with a reputable company with a strong track record.

  1. Realtors Should Recommend Title Insurance

Realtors should always recommend title insurance to their clients. It's a crucial protection that can save buyers and lenders from financial headaches down the road. While it's not required by law in all states, it's a standard practice in most real estate transactions. Realtors can explain the benefits of title insurance to their clients and help them understand why it's a wise investment.

  1. Educate Your Clients

In addition to recommending title insurance, realtors should take the time to educate their clients about what it covers and why it's necessary. Many buyers, especially first-time buyers, may not fully understand the importance of title insurance. Providing clear and concise information can help clients make informed decisions.

Conclusion

Title insurance is a fundamental part of the real estate industry that realtors should be well-acquainted with. Understanding how it works, the types of policies available, and its importance in protecting both buyers and lenders can help realtors guide their clients through a smoother and more secure real estate transaction. By actively promoting and explaining the benefits of title insurance, realtors can contribute to the overall success and satisfaction of their clients.

About the Author

Andrew Senerchia

Andrew Senerchia is an accomplished attorney at Senerchia & Senerchia P.C., his family's law firm, and President of Dimension National Title. He cites his parents as his greatest professional influences, instilling in him a core value of simply doing his job to the utmost ability.

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