Title insurance is a type of insurance that protects mortgage lenders and/or homebuyers against claims questioning the legal ownership of a home or property. Unlike other forms of insurance, title insurance protects homebuyers and lenders from issues that occurred in the past, rather than issues that may arise in the future. The behind-the-scenes work of title companies ensures the quick and secure transfer of land, fostering lender and consumer confidence in their real estate investments.
Title insurance protects lenders and homebuyers from financial loss sustained from:
There are two types of title insurance policies: owner’s title insurance (an Owner’s Policy), which protects the buyer, and lender’s title insurance (a Loan Policy), which protects the lender.
In a typical residential transaction, the title policy often required by the mortgage lender will not safeguard the rights and interests of the homebuyer. Therefore, a separate Owner’s Policy is necessary. An Owner’s Policy is typically issued in the amount of the real estate purchase price and remains in effect for as long as the owner or their heir retains an interest in the property. In addition to identifying risks before a transaction is completed, the Owner’s Policy will cover valid claims and all defense costs against attacks on the title.
A Loan Policy assures the lender of the validity, priority, and enforceability of its lien (mortgage), serving as protection for the lender’s security interest in the property. A Loan Policy is issued in the amount of the loan, and liability decreases as the mortgage debt is reduced.
The Loan Policy provides the lender a high degree of safety against loss of capital from title hazards. By identifying risks and eliminating them whenever possible, the title industry is a major element in encouraging lenders to invest in mortgages rather than in other assets with lower risk.
The Loan Policy guarantees the lender a valid and enforceable lien and assures that no claimant other than those noted in the policy has a prior claim against the real estate. The policy assures that the purchaser-borrower has title to the property being pledged as security for the loan. It also obligates the title insurer to pay for defending against any claim filed against the title that might supersede the lender’s lien. If unsuccessful, it must also satisfy that claim should it be upheld in court. Another benefit is the in-depth expertise of title company experts, who facilitate the mortgage loan process and help in resolving differences among the various parties in a transaction. This can range from relatively routine assistance in a basic residential loan to helping with the multifaceted legal and financial aspects of a complex, multimillion-dollar commercial transaction.
Title insurance protection is significantly different from other kinds of insurance. It is a one-time premium that is modest in relation to the value of property involved. Typically, the cost of a title premium for a homebuyer is around 0.4 – 0.5% of the purchase price.
Other types of insurance assume a particular risk and provide financial indemnity in the event the risk occurs. Title insurance, on the other hand, emphasizes loss prevention by eliminating risks caused by title problems arising from past events.
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