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A
title is the evidence or right to the ownership and possession
of land. It is important to protect this right in your land, and
you can do this by purchasing an Owner's Policy of Insurance. An Owner's
Policy of Insurance will protect you from title defects that existed
prior to the issuance of your policy, and covers the cost of legal
defense of your title. The cost of the policy is a one time fee, and
for this premium your title problems will either be resolved or the
insured's losses will be paid.
Your lender may
require you to purchase a Lender's Policy of Insurance. This policy
insures the lender that they have a valid first lien on the property.
It does not, however, protect your rights and interests. Because you
are not protected by the Lender's Policy, it is important for your own
piece of mind to insist on an Owner's Policy.
A policy of title
insurance is issued after copies of the public records are carefully
examined and reviewed. However, the most careful and thorough search
cannot absolutely assure that title hazards are not present. Besides
those shown in public record, there are other problems that can exist
and not be disclosed in a search of the title. Title insurance protects
against the following, which are just a small number of the possible
hidden risks that can cause loss of title:
- false impersonation
of the true owner of the property
- forged deed, releases
or wills
- instruments executed
under expired or invalid power of attorney
- errors in recording
legal documents
- missing or undisclosed
heirs
- misinterpretations
of wills
- deeds by minors
- deeds by persons
of unsound mind
- deeds by persons
supposedly single, but actually married
- liens for unpaid
inheritance, income, estate or gift taxes
- fraud
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