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Property Title Insurance

Amy Said:

property title insurance?

We Answered:

A very good idea. If there's a problem with the title or a lien they didn't find, then you don't end up loosing the money you put down.

Lance Said:

does title insurance cover property line disputes (not clear title) when there is no survey available?

We Answered:

Laws may differ slightly between states so my official recommendation is to see a lawyer in your area. However, I can provide some general background information. Your title policy insures the boundaries as they exist on paper. I'm sure your title agent checked your legal description to ensure that on paper it did not conflict with your neighbors boundary. So, unfortunately, you probably have no claim against the title insurer. It is often the case, however, that fences, driveways, etc. get built in locations that do not match the property lines. In situations like these, there is a principle called "right of use" that enables a person to acquire a color of title to a piece of property by continuous use over time. Under this principle, because your neighbor, or his predecessors, failed to challenge the use of the driveway by you or your predecessors, he would find it difficult to limit your use at this time. In other words, what the survey shows is immaterial. A judge would likely decree that you have acquired the right to continue to use the property as it has been used in the past. Good luck to you.

Becky Said:

Do I need Owner's title insurance on a property if I receive a General Warranty Deed?

We Answered:

homeinsurance.awardspace.us - try this one. Got my home insurance from them. As I know they provide such a service.

Everett Said:

how to get title insurance on a missouri tax sale property that only has a collectors deed?

We Answered:

I live in Washington State but the procedure should be the same nationwide. The process we go through here is called a "quiet title action". It is used whenever there is a cloud on title that can not easily be cleared up any other way. When you purchase a property at auction, you are not guaranteed there are no other lienholders on title. A quiet title action is a fairly short and simple court proceedure but I would recommend using an attorney. This is how it works in a nutshell: Your attorney starts the motion to quiet the title, then has to make it publicly known (usually through newspaper publishing), that you are stating your claim as sole and legal owner. If anyone has any claim whatsoever, on the property in question, they must respond and prove their claim in the time allotted. After the time allowed, you simply make a court appearance and if no one can establish a claim, the judge will quiet the old title and write a new deed.
It is actually a fairly simple and painless process. Here, the cost is around a couple of grand but you might want to call an attorney to get a quote. Good luck!

Clara Said:

I know you can get a title search done for a foreclosing property but can you get title insurance?

We Answered:

If it's in foreclosure, there IS A LIEN, the mortgage! You cannot get title insurance on a property you aren't purchasing. Title insurance is to insure the lender and the buyer that once they CLOSE, they will not be held responsible for liens BEFORE they closed from previous owners. It doesn't magically remove liens though, I've done plenty of loans for people that had to use their title insurance to get an old lien off that wasn't theirs, especially tax liens.

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