This answer can vary according to insurance compoanies, generally it is required that all parties with an Ownership interest be on a policy. When it comes to boats it is generally not viewed as a good thing to have more than one owner (excluding husband and wife)so you maybe looking at fewer companies that will accpet you or an added surcharge.
When purchasing or refinancing a home, you will have settlement conducted by a Title Company, the title company is also the licensed title insurance provider. Up to two policies will be issued. Maryland Specific: If you are purchasing a property and taking out a loan, the lender will require a Lenders Title Insurance Policy. And you will have the option of purchasing an owners title insurance policy for your protection. If you are refinancing your current home then the lender will only require the lender's policy. In both instances the title insurance policies will be issued at the time of closing.
An owners policy refers to a title insurance policy issued to the property owner not the lender. It provides protection to the owner of the property and is normally purchased at the time you settle on the purchase transaction. If the prior owner purchased an owners policy on the property prior to the new sale a discount called reissue rate may be applied if you can provide the prior policy information. The discount can be significant.
In Florida, the person who pays for the title insurance gets to pick the title company or title agent. The person paying (buyer or seller) for the owners title insurance policy is specified in your real estate sales/purchase contract. Tradition as to who normally pays for the owners title insurance policy varies according to the county that the property is located, but can always be negotiated between the parties in the contract. In the case of a refinance, you should know that you probably have an existing owners title insurance policy from when you bought your property and you can give a copy of the owners title policy to whoever is handling the title insurance for your refinance so that you will be entitled to a reissue credit. This can save you a significant amount of money. Probably the most important thing to remember is that whoever is paying for the owner's title insurance policy gets to pick the title company. Almost equally important is understanding that you should compare companies so that you can make sure you are getting the best price for title insurance and title-related fees, as well as the best service from a reputable company. Remember not to let someone else (like a realtor or mortgage broker) pick a service that you will be paying for unless you have personally compared their price and service with that of other companies. It is illegal to for a realtor to steer you in the direction of a particular company, and you should be aware that sometimes unethical relationships exist.
All of the title insurance underwriter as well as many many title agencies have websites that can direct you to a local agency in your state/county/community. Simply keyword into your web browser: title insurance search, title insurance, or title insurance companies. Many title insurance underwriters and agencies will pop up. A title search or Report on Title is a search and compilation of filed public records. A title insurance POLICY insures against acts & deeds of previous owners up until the time you take title/deed to the property.
An Abstract of Title in Florida could be as little as $200, depending on what the title company or agent was willing to charge, however this would not provide you with any title insurance, only a report what was found on a title search of the property. Meanwhile, if you wanted title insurance you should compare several title insurance companies because they will be charging for the title search, closing fees and probably several other fees in addition to the actual title insurance policy. The Florida promulgated rate for an owners title insurance policy is $725.00 for a $130,000 house. Please remember you will be comparing more than just the policy rate, which may have some applicable credits depending on your situation. You may qualify for a reissue credit if you are refinancing, and you should get several quotes on an "out the door" price when comparing title insurance.
Typically an Owners Title Insurance Policy does not cover matters that would be disclosed by an accurate survey, such as land shortage issues. This is referred to as one of the standard or general exceptions in a title policy. In some instances you can negotiate this coverage which is called extended coverage if you are willing to sign an extended coverage affidavit.
A Title Commitment is a result of a title search of the public records. It carries no liability and does not insure the addressee of the accuracy of the information. A Title Commitment is written in anticipation of a future Title Insurance Policy. A Title insurance policy insures someone or some entity against a possible loss. Example: John Smith purchases a property and he has title insurance and the policy is dated Jan 2, 2008. John Smith insured by the title insurer that he has free and clear title subject to the exceptions in his title policy. TitleExaminer237 http://sites.google.com/site/michigantitleexaminerportal/
If you were issued an Owner's Policy and now think there are defects in the chain of title, (the cloud must be from prior owners, not from the time you have owned it as title only covers the prior owners acts, not yours), then you can file a claim against the title agency that issued the Owner's Policy to you.You cannot file a claim if you do not have an Owner's Policy because the Lender/Mortgage Policy is issued only for the benefit of the Lender.
Title insurance is a specialized type of insurance that is not generally sold by insurance agents. It is usually provided by an attorney and underwritten by a title insurance company who specializes in this type of insurance. The title insurance company relies on statements and work done by the attorney when he does the title search and he has some liability for his work. You can't just decide that you want a title insurance policy anytime. It is usually done when you purchase a piece of property. I suppose that if you wanted to pay for a new title search you may be able to buy a policy at a time other than at closing.
Title insurance is usually required by the lender to protect the lender against loss resulting from claims by others against your new home. In some states, attorneys offer title insurance as part of their services in examining title and providing a title opinion. The attorney's fee may include the title insurance premium. In other states, a title insurance company or title agent directly provides the title insurance. A Lender's Title Insurance policy is usually required when you are refinancing. If you have an Owner's Title policy already (you probably received it with your recorded deed) and can provide the title agent with a copy of it, you can very often get a reissue credit that will greatly reduce the amount of money this lenders title insurance policy will cost you. To save money on title insurance, compare rates among various title insurance companies. Ask what services and limitations on coverage are provided under each policy. In many states, title insurance premium rates are established by the state and may not be negotiable. Even if the premium rates are not negotiable, many of the title-related fees can vary from company to company and should be compared as well.
In most cases the title company that closed your loan is the agent for the title insurance company, and can be contacted regarding insurance issued on your property.AnswerContact the Agency that issued the title insurance at time of closing. If an Owner's Policy was paid for, they should have issued you an actual insurance policy, complete with a Title Jacket and Policy Number. If you never received this and paid for one, request an original or a certified copy of it. The Policy will reference the title UNDERWRITING COMPANY that is insuring the Policy. ie: First American, Stewart, Chicago,etc. That is who the actual COMPANY. The agency only acts in behalf of the Underwriter and is not the actual insurer.
Title insurance can protect and insure the homeowner and mortgage lender. Typically their are two title insurance policies issued at the time of a sale. One for the owner and one for the mortgage lender. The owner does not legally have to buy the owners policy but lenders will require a lenders policy to protect their interest in the property. The reason you have title insurance is to insure against loss resulting from title defects, whether these defects are known or unknown at the time of the sale or the refinance. The coverage is provided for both "on record" and "off record" issues, defects or problems. There is a long list of reasons for claims to be made. Misfiling, recording errors, procedural requirements, local requirements and many more. Please note title insurance does not cover future risks like most forms of insurance. Only risks existing at the time the policy was issued are covered.
Generally speaking, if the owner purchased title insurance the lien should be paid by the title insurance company. If not and the lien was recorded and missed in the course of the title examination the attorney who certified the title to the buyer should be contacted. Her malpractice insurance should pay the lien.
Usually a lender will only request a basic Lender title insurance policy. While there is an enhanced lenders policy, the lender usually only requires a basic policy for there protection. The Loan policy is usually based on the dollar amount of your loan. This policy only protects the lender interest in the property if problems arise on title. Because the Lenders policy only protects the lender up to the loan amount that is taken, it is a good idea to look into getting an owners policy to protect the buyer of the property, this policy is based on the purchase price of the property, and will help protect the equity that is built over time.
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