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Title Insurance Law

Individuals contemplating securing title insurance will have many decisions and queries throughout the process. Uncertainties if title insurance is necessary or if the state mandates obtaining a policy often lead to questions like the ones answered below by the Experts.

In Virginia, is it mandatory to have title insurance on commercial property?

Title insurance is not mandated by the state although it would be advisable to get it. Title insurance may play a dominant role in the due diligence for a commercial purchase or refinance. Most of these types of commitments will include a listing of the recorded easements and encumbrances of the property. It will also include a list of conditions that have to be met for the issuance of the title insurance policy. Title insurance protects an individual in the event that issues should arise with the property and the title.

Is it advisable for me to take owner's title insurance and what would it cost?

Title insurance will only cost a little more than what a lender’s policy would cost which is mandatory. Although title insurance is not mandatory, it is highly advisable. While the mandatory lender’s policy protects the purchase price on the house, the title insurance safeguards the validity of the title.

In Nevada, is it required to have title insurance on a contract for deed sale?

The law does not mandate anyone to get title insurance although most lenders and underwriters usually insist on it. Title insurance is very affordable and protects the purchaser in the event that there is a claim due to irregularities of the deed or title. Other than protection, title insurance also requires an expert title search which helps in the assurance of a clear title.

Are both the seller and the buyer covered by a title insurance policy?

There are different kinds of Title Insurance policies which can be written up to protect different parties. The most standard of title insurances for home sales doesn’t protect the buyer or seller, it protects the lender.

Typically the buyer is the one that pays for the title insurance. A title search will be performed and if for some reason the title doesn’t transfer the right way to the buyer then the lender can retrieve the amount owed on the mortgage. If there was no title insurance then the lender could not get back the amount owed.

I paid $3300 for Lawyers Title Insurance policy on a $525,000 house. The Title was bad, owned by another bank, now Lawyers Title Insurance will only pay me $458,000. What can I do besides filling a lawsuit against such a big corporation?

Action that you can take other than filing a lawsuit could be: Getting in touch with local media, your U.S. House Representative and Senator, and the U.S. Department of Housing and Urban Development.

The media can help by creating negative publicity that the company may not want. In addition, your U.S. House Representative and Senator both have specialists that work on these kinds of issues and can possibly put pressure on the company. Contacting the U.S. Department of Housing and Urban Development will put added pressure on the company because they wouldn’t want to be red flagged by this Department. You could also get in touch with the Better Business Bureau and make a public complaint that will again act as a deterrent for potential company customers.

While the questions above may have clarified your own doubts on title insurance related issues, you could have more questions pertaining to your specific case. In these situations, direct your queries to an Expert who can offer insightful opinions on whether it is necessary to obtain title insurance and what the benefits derived from securing title insurance are. Not only will you get quick answers to all your questions but you can get them at an affordable price.
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