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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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My husband became suddenly ill so he quit claimed our house

Customer Question

My husband became suddenly ill so he quit claimed our house to me because a trust lawyer would not come finish our docs at the hospital.he died one month later. I recorded the deed after he died one month later on advise from internet. Niw Im in the middle if getting a loan on this house and they say I was supposed to get title insurance before recirding and now they wint insure me and I will lose everything without the loan. I dont understand please tell me how today fux this
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.
Hi, my name is ***** ***** I will do my best to Answer your question,
First, let me say that several years ago, I held the position of Assistant General Counsel for a major title insurance company. I am only saying this to assure you that I know exactly of what I speak.
When individuals purchase property, they normally buy an "Owner's Policy of title insurance" and a "Mortgagee's Policy" of title insurance. The owner's policy guarantees the purchaser's of the property that they have good and marketable title and if anyone "crawls out of the woodwork" and claims title, the title insurance company will defend any action brought by anyone who is claiming title and if the title insurance company loses, the title insurance company will pay the owner the full amount of what they paid to purchase the property.
Similarly, the mortgagee's policy insures that the lender has a valid first lien on the property and if any other lender "shows up" and claims that they have a superior lien over any and all others who might claim a first lien on the property.
So, basically, the owner's policy guarantees good title in the owners of the property and the mortgagee's policy insures that the lender has a first lien and superior to any other lender who might claim that they have a superior lien.
So, if you had purchased title insurance when you and your late husband acquired title to the property in question, you should not have to buy title insurance again. If you are looking to refinance the property, all you need to do is buy a Mortgagee's policy of title insurance. If this is not acceptable to the lender with whom you are working with, then the lender does not know their business and you should go to another financial institution or bank to do the refinance.
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ANDREA
Normally, people who buy property also buy title insurane