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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. |