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Do I Need Title Insurance?
Most Definitely! It is a means of protecting yourself from financial
loss in the event that problems develop regarding the rights to
ownership of your property.
What is Title Insurance?
Title insurance is an exclusively American invention. Its purpose
was well stated in the first advertisement for title insurance back
in the late 1800s:
"This company insures the purchasers of real estate
and mortgages against loss from defective titles, liens, and encumbrances.
Through these facilities [the] transfer of real estate and real
estate securities can be made more speedily and with greater security
than heretobefore." [circa 1876]
Protecting purchasers against loss is accomplished by the issuance
of a title insurance policy, which states that if the status of
the title to a parcel of real property is other than as represented,
and if the insured suffers a loss as a result of title defect, the
insurer will reimburse the insured for that loss and any related
legal expenses, up to the face amount of the policy.
Title insurance differs significantly from other forms of insurance.
While the functions of most other forms of insurance is risk assumption
through the pooling of risks for losses arising out of unforeseen
future events (such as death or accidents), the primary purpose
of title insurance is to eliminate risks and prevent losses caused
by defects in title arising out of events that have happened in
the past. To achieve this goal, title insurers perform an extensive
search of the public records to determine whether there are any
adverse claims to the subject of real estate. Those claims are either
eliminated prior to the issuance of a title policy or their existence
is excepted from coverage.
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