A policy of title insurance is a contract of
indemnity between the insured and the insuring company relating to the title
to the land described in the policy, protecting the insured against loss of
damage by reason of defects, liens or encumbrances of the insured title
existing at the date of the policy and not expressly excepted from its
coverage.
The policy is issued after a complete search and examination of the public
records and shows the condition of the record title, including any money
obligations outstanding against the property, easements and other matters
which may affect the rights of ownership, possession and use of the property.
Title insurance protects the "record" title, insuring it is good subject only
to the exceptions expressly set out in the policy. lt also insures against
certain matters which do not appear of record, such as forgery, identity of
parties, incompetence of former owners, interest of missing heirs, and status
of individuals not having the "right" to sell property.
There are different types of policies. Owners policies are issued to real
estate owners. Purchasers policies are issued to purchasers of real estate
under contract. Mortgage policies are issued to mortgage companies. In
addition there are several other special forms of policies. There is a type of
policy to meet the requirements of almost any form of real estate transaction.
(Article Courtesy Mortgage 101)
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