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The purchase of a home is probably the single largest investment
you'll make in your lifetime. It is only prudent that you want
to safeguard your rights and investment. Title insurance assures
that your rights and interests to the property are as expected,
that the transfer of ownership is smoothly completed and that
you receive protection from future claims against the property.
It is the most effective, most accepted and least expensive way
to protect your ownership rights.
Because land endures over
generations, many people may develop rights and claims to a
particular property. The current owner's rights - which often
involve family and heirs - may be obscure. There may be other
parties (such as government agencies, public utilities, lenders
or private contractors) who also have 'rights' to the property.
These interests limit the 'title' of any buyer.
Before your real estate
transaction closes, the title company performs an extensive
search of all recorded documents related to the property. These
records are then examined by experienced title officers to
determine their effect on the current status of ownership and a
report is issued to you or your agents for review. This through
examination generally allows any pending title problems to be
identified and cleared prior to your purchase of the property.
If title insurance companies
work to eliminate risks and prevent losses caused by defects in
the title before the closings, why do you need a title insurance
policy?
Because even after the most
careful research, some title flaws may go undetected. Among the
more common flaws to title which are not of record are forgery,
invalid court proceedings, mistaken legal interpretations,
defective deeds, confusion due to similarity of names,
previously unrecognized rights of spouses and undisclosed heirs.
These problems may surface at any time in the future.
Protection against these flaws
and other claims is provided by the title insurance policy which
is issued after your transaction is complete. Two types of
policies are routinely issued at this time: an 'owners policy'
which covers you, the homebuyer for the full amount you paid for
the property; and a lender's policy which covers the lending
institution over the life of the loan. When purchased at the
same time, you can obtain a substantial discount in the combined
cost of an owner's and a lender's policy. Unlike other forms of
insurance, your title insurance policy requires only one
moderate premium for a policy to protect you and your heirs for
as long as you own the property. There are no renewal premiums
or expiration date.
Each policy is a contract of
'indemnity'. It agrees to assume the responsibility for legal
defense of your title for any defect covered under the policy's
terms and to reimburse you for actual financial losses up to the
policy limits.
This insurance protection is an
important follow-through of the service you receive from
California Title Company and its title insurance subsidiaries.
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