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A Title Insurance company cannot force you to purchase an Owner's Title Insurance Policy. However, if you are obtaining a Mortgage or using a Lender for a refinance,then the Lender will require that they are protected by a Lender's Title Insurance Policy, which the borrower will pay for. If you are purchasing a new property, it is usually suggested that you purchase an Owner's Policy at the same time the Lender is being issued a policy. All Title Insurance underwriters offer a Simultaneous Issue price when the Owner's Policy and Lender's Policy are issued at the same time. You may want to shop around, where the State you live in sets the premium for one Policy, the price for the Simultaneous issued policy may vary greatly from Title agent to Title agent. For cash purchases you are not required to purchase Title Insurance, but you will have a very hard time getting a Title Company to close the sale as the most income for Title Companies is the portion of the title insurance premium they get to retain. ("Title Agent" in this answer can be a real estate Attorney or Title Inurance Company) = Comment = A title agency may be willing to act as a 3rd party uninterested Settlement/Escrow agent in a cash transaction. It is not uncommon to use a title agency for this service vs an attorney (depending on your standard local practices in your state/county). The title agent will receive funds from the buyer and conduct the signing of documents, disburse all payoffs, pay taxes, etc. and send the documents in for recording. The title agency receives a fee for acting as the settlement agent, but does not guarentee the condition of the property title you are closing in this scenario. In lieu of an Owner's Policy for coverage, you may want at the very least, a Report on Title (Title Opinion in some states), whereas the title agency has done the standard searches on the property and presents it in Report form, without any insurance coverage. This allows the Buyer to know the true condition of the property's title prior to closing and if there have been past issues in deed/title, they may or may not elect to go with an Owner's Policy to protect their interests in the property they are buying. Lenders will always require a Loan Policy on a purchase or 1st lien refinance, and typically on a standard 2nd mortgage. Depending on the amount of a Home Equity Line of Credit (HELOC), they may or may not require coverage on this type of loan.

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Q: Can a title company force you to purchase title insurance?
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