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Is there a good reason to buy title insurance for a manufactured

home worth $120,000 to be...
Is there a good reason to buy title insurance for a manufactured home worth $120,000 to be placed on a lot that I own and have title insurance on. I will have a title for the home, not a deed like I have on the lot.
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Answered in 28 minutes by:
9/3/2013
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Dear Customer,

Thank you for choosing Just Answer. My name is XXXXX XXXXX I would like to assist you today.

I am unsure as to why you would require title insurance for the home itself when you already have title insurance on the lot.

Title insurance protects your interest in the property against adverse claims from prior owners, prior adverse interests in the property, and undisclosed or surprise liens or encumbrances such as easements on the property.

Unless you are worried about encumbrances or liens against your manufactured home, it does not seem reasonable to require insurance on the lot. The only way I can see such insurance being required is by contract (meaning your lot insurance requires insurance on any improvement as well as on the lot), in which case you are bound by contract as opposed to need.

If you are willing to take the risk of a prior encumbrance on the manufactured home, and your lender is willing to allow you to take that risk (a discrete or remote risk on its otherwise secured loan), I cannot see a basis for title insurance, but again that is an issue of contract.

If there is a specific statute they are referring to, or a specific legal issue, perhaps that is a different matter, but the fact that they are saying their services are required by state law, but alternatively they can be performed by an attorney makes the need for services questionable. I cannot find any statutory basis for title insurance in this type of transaction, and the claimed need for this specific type of insurance (title insurance) is not one that benefits public policies or state interest.

I hope the above is helpful, please let me know if you have any questions.

Thank you for choosing Just Answer, please do not forget to rate my answer so that I can receive credit. I do wish you the best in this matter, and I hope that the insurance company will retract its unreasonable position in this matter. Again, if you have any questions please do ask.
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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CalAttorney2
CalAttorney2
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Category: Real Estate Law
Satisfied Customers: 10,244
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Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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