aloma Tltle COMPANY

A 5 Star Closing Experience

alomaTltle
COMPANY

A 5 Star Closing Experience

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What Is Title Insurance?

There are two types of title insurance: Lenders title insurance, a/k/a “Loan Policy”, and Owner’s title insurance. The Loan Policy is usually based on the dollar amount of your loan and protects the lender’s interests in the property against a problem with the title. The coverage decreases each year and disappears as the loan is paid in full.

Owner’s title insurance is purchased as a one-time fee at closing and lasts as long as you or your heirs have an interest in the property. Owner’s title insurance protects the buyer should a problem arise with the title that was not uncovered during the title search.  It also pays for any legal fees involved in defending a claim to the title.

Unlike other forms of insurance that focus on possible future events and charge an annual premium, the American Land Title Association explains that title insurance is a safeguard against loss arising from hazards and defects that already exist in the title.

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What Is A Title Search?
A title search is a detailed examination of the public records concerning a property.  These records include deeds, court records, property and name indexes and many other public documents.  The purpose of the search is to verify the seller’s right to transfer ownership and to discover any defects or encumbrances on the title.  We will perform the title search to assure that the buyer will be purchasing valid title. The title insurance will defend the title and will pay losses within the coverage of the policy if they occur.
What Kind Of Problems Can Be Identified?
A title search should show all title defects and encumbrances as well as liens and other restrictions.  Among these are including but not limited to unpaid taxes, unsatisfied mortgages, judgments against the seller and restrictions limiting the use of the land.
Are There any Problems That a Title Search Cannot Reveal?
Yes. There are some hidden hazards that even the most diligent title search may not reveal.  For instance, the previous owner could have incorrectly stated his or her marital status, resulting in a possible claim by a legal spouse.  Other hidden hazards include fraud and forgery, defective deeds, mental incompetence, confusion due to similar or identical names and clerical errors in the records.  These defects can arise after you have purchased property and can jeopardize the right to ownership, which is why title insurance is so important.

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