Title Insurance

Title insurance is a form of indemnity insurance protecting the insured from loss due to invalid liens or from any title defect in real property. Title insurance can cover any interest in real property including life estate, lease or easement.

1,361 Questions
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Insurance
Title Insurance

How much does title insurance cost?

Title insurance rates vary from state to state and market to market. In some states, the fees are set by the AGENT, and are market competitive -- they may be negotiated by the Agent. In other states, the rates and fees are regulated by that state's Department of Insurance and the fees may not be negotiated - higher or lower than the regulated fees. In both cases, the premium fees are calculated on a per $1000 rate. That rate is then based on whether the transaction is a "basic" rate, "re-issue" rate, "refinance" rate or "new construction" rate. Basic rate covers a policy issued on a Purchase transaction and usually calculated on the Purchase Price and the Mortgage Amount. Re-Issue rate covers a policy issued on a Purchase transaction and whether or not the Sellers can provide backtitle to the Buyers. The back title criteria is typically based on how old the Sellers' Owner's Policy is. (Usually a lower per $1000 rate than basic) Refinance rate covers a policy issued to the current owner on a Mortgage loan. Depending on the state, the previous mortgage amount may have a bearing on how the rate is calculated.(Usually a lower per $1000 rate than basic) New construction rates covers the builder during the construction of the property, before the construction is complete. (Usually a significantly lower rate than basic since the property is not a fully finished home/building during the time of coverage.) New construction rates do NOT cover a buyer purchasing a completed home from the builder, only the time the home is BEING constructed and covering the builder.

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Insurance
Title Insurance

How do you obtain a license to sell title insurance in Georgia?

== == Applications and general information for individual producers and agencies (resident and non-resident) can be found at the GA site: inscomm.state.ga.us

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Title Insurance
Deeds and Ownership
Georgia (US State)

How do you do a title search in Georgia?

== == As for laws and regulations, visit the GA Department of Insurance website. Performing the search depends on the county you are doing the search in, they may have the records available electronically and on-line. If you are looking for a "handbook" on how to search title, a title searcher/examiner is not something that is simply learned overnight. Abstracting is complex and needs to be thorough since the search is the backbone of the title insurance. If a searcher misses a chain of title, defect, judgment, etc. then that error can effect the insurablity of title. Most searchers new to the industry work with a seasoned professional to mentor them through the process until they gain sufficient experience to be accepted by an agency.

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Insurance
Title Insurance

How important is buyers title insurance?

Buyer's Title InsuranceBuyer's Title Insurance, also known as an Owner's Policy or Fee Policy, protects the new owner of the property from the "history" of the property during the duration of their ownership, whether it be 1 year or 100 years.

Since title insurance is underwritten "at the table" by the agency, it is the least likely type of insurance to receive a claim.

The new owner is protected against previous mortgages, owners, judgments, etc. that are of public record prior to the purchase of the property.

The low one-time fee over the lifetime of ownership is well worth the investment for peace of mind, since real estate is usually the largest single investment a person makes in their lifetime. Plus, in most states, there is a reduced rate at the time of purchase for simultaneously issuing both the Owner's Policy and the Mortgage Policy.

More input from Wiki s contributors:

  • After owning my $273K house for less than 2 years, I received a sheriff sale for $417K because of the previous owners business that went bust. The judgment was filed 8 monthes before my closing, and they missed it. Even with the insurance, I could have lost my house had the bank pursued the full amount (our house is worth more than $273K).
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Insurance
Title Insurance

Can you get title insurance for a co-op?

Typically the only type of title insurance that can be issued on a Co-Op would be a Lease-hold Mortgage Policy that covers the Lender for a Mortgage.

Because the interest in the property is held as shares, an Owner's Policy would not be issued.

However, if purchasing a Co-Op, it would be advisable to have a Report on Title or Title Search done on the property, Co-Op association, etc.

No title insurance is not available on COOP's due to it not being real property, it is considered 'shares' in the coop. Typically though lenders have stricter regulations to clear coops to closing. The UCC (uniform commerical code) would be pulled on the property and all parties involved(sellers and buyers). For example the UCC would be order on any downstate New York COOP properties, the lender then would review for any lien on the property or judgments against borrowers or the sellers. Any adverse judgments then would delay closing until resolved. In the case of New York, if a property is in questions NYC.gov is a good start, you can search all judgments against a property.

Beware, beware, beware. I have personally experienced fraud in the name of Title Insurance for a co-op. A company was promising that they had a waiting buyer, and all the seller had to do was to pay for the title search in advance. Unfortunately, these sellers were so enthralled with the idea of selling, that they actually wire money in advance to this company, and that was the end of their money, contact, and the sale. I've seen it happened to well-educated attorneys as well as countless well-meaning men and woman. If I can express one thing emphatically, its never to pay any closing or title related fee up front. Also remember things have to feel right when they are truly easy.

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Title Insurance

Where can you go in New Jersey to complete the pre-licensing courses for a title insurance producer's license?

NJ Dept. of Banking & Insurance

http://www.state.nj.us/dobi/inslic.htm

There's a link for Approved Insurance Education Providers (MS Excel, 68K) to download an .xls file for the NJOBI list of approved schools.

Online Title Pre-License ClassesCAPE Education (www.capeschool.com)

State Provider # 17050

PO Box 377

Newtown Square, PA 19073

(888)227-3331

Some schools in Northern N.J.

American School of Business (www.americanschoolnj.com)

194 Route 46 East, 2nd Floor, Fairfield, NJ. 973-244-0333

Bergen Community College (www.bergen.edu)

400 Paramus Road, Paramus, NJ. 201-447-7100

Kovats (www.kovatsschool.com)

230 West Passaic St, Maywood, NJ. 201-843-7277

Professional School of Business (www.proschool.com)

22 E. Willow St, Millburn, NJ. 973-564-8686

Freehold Atlantic School in Monmouth and Middlesex counties

I can't locate any of the schools above. I've checked for phone numbers and website.

Q:Would you provide the exact names and also include any schools for NJ Title Producer License in South Jersey.

A: Your best bet for finding schools in southern NJ is to go directly to the NJDOBI website above or ask the company that you will be working for, what insurance licensing educator they recommend (ask them if they will provide the training to you - they usually send you to whichever school that they use at no monetary cost to you). Your state licensing, background check & fingerprinting related fees will be your responsibility though.

Searching for other states? Use "insurance producer" +

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Insurance
Title Insurance

Why do you need title insurance when you are refinancing?

The policy purchased on refinance covers the new lender, not you. Your title insurance (assuming you got an owners policy when you purchased) remains intact unless you have done something to end the coverage. Two types of Policies are typically issued on residential properties: Mortgage Policy and Owner's Policy. Mortgage Policy covers the lender for the life of the loan. If a new loan number is issued and the current mortgage is paid off, then a new Policy is required. The life of the loan is for as long as the LOAN is in effect. Any time a new loan is obtained and the current loan is paid off, a new Mortgage Policy will be issued. However, the refinance rate is typically lower than the basic rate you may have paid at closing. Owner's Policy protects your interest in the property for as long as you own the property, be that 1 year or 100. It is a one-time fee. However, typically a mortgage policy can be assigned to another lender if the mortgage is sold or assigned on the secondary market. (Note: the loan number would be the same, only the "owner" of the mortgage has changed.)

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Title Insurance
Job Training and Career Qualifications

How do you become a title insurance representative?

Become a Title Insurance Representative

In some states, you must be a licensed title insurance producer in order to sell title insurance products.

Check out your state's Department of Insurance website for education and licensing requirements.

Most people who sell title insurance have some mortgage, real estate or legal background; however, it isn't a requirement in most instances.

A Title Insurance Rep is a representative for their company who, in turn is licenced to sell title insurance. In a nut shell, a title rep schmoozes their clients. Being a Title Rep is one of the only sales positions that I can think of where the product you are representing has little, or no variance in quality or price. So, the main job of a title rep is to differentiate themselves from their competitors and this is done by building client relationships.

A title rep typically has a sizable expense account, used primarily to help their potenital clients (Realtors and Mortgage Brokers) build their own business (marketing materials are a typical expense provided by a title rep to the client). The client relationship can be fostered by talking over dinner or a group during happy hour. Often a Title Rep will take the whole office to an event just to build that relationship. By establishing relationships with Realtors and often Mortgage Brokers, these clients become friends... And everybody wants to do business with their friends!!

A Title Rep's income is based on how many individual orders come in from loyal clients (after all they have been wining and dining them for the past 6 months). An order is made everytime the client specifies that you (as the title rep) and your company will be providing the Title insurance on their specific purchase or refinance.

Ohhh HOW do you become one.... SORRY... Be very personable and outgoing. Then march yourself right into any title office, dressed very sharply and let them know you have done all the research in the world about being a title rep, and you would like to set up an interview. It's a sales position, so you must ask for the interview, then ask for the job. Be prepared, know the company... Also, ask a Realtor friend to hook you up. Remember, the title reps want to build relationships with the realtors so the the rep owes them lots of favors. Make this one.

COMMENT

Please note that RESPA regulates what can be spent as a gift or incentive while entertaining clients when it comes to the real estate, mortgage and title industry. It is typically $25.00 per person PER YEAR. Some of the above answers lead you to believe you can legally wine and dine your clients with no recourse.

Real Estate Settlement Procedures Act (RESPA)

RESPA Basics

What is RESPA?

The Real Estate Settlement Procedures Act was enacted in 1974 to prohibit unlawful inducements and kickbacks for the referral of residential settlement services that could unnecessarily increase the cost of settlement services to consumers as determined by Congress. RESPA has often been misinterpreted and the regulations are often unintentionally violated by those who provide residential real estate settlement services.

RESPA covers loans secured with a mortgage placed on a one-to-four family residential property. These include most purchase loans, assumptions, refinances, property improvement loans, and equity lines of credit. HUD's Office of RESPA and Interstate Land Sales is responsible for enforcing RESPA.

What is the purpose of RESPA

The Real Estate Settlement Procedures Act is a consumer protection statute for the purpose of:

  1. To help consumers become better shoppers for settlement services and
  2. To eliminate kickbacks and referral fees that unnecessarily increase the costs of certain settlement services.

What is RESPA Section 8?

RESPA has two main areas of emphasis: (i) giving consumers better advance disclosures of settlement (closing) costs, and (ii) eliminating kickbacks or referral fees that unnecessarily increase closing costs. The latter is directed towards the practices of various "real estate settlement service providers."

==Those entities include lenders, title companies, escrow companies, termite inspectors, insurance companies, and, of course, real estate brokers and agents.==

What is a RESPA Section 8 Violation?

Section 8 of RESPA prohibits a person from giving or accepting anything of value in exchange for the referral of settlement service business. It also prohibits a person from giving or accepting any part of a charge for services that are not performed!

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Insurance
Title Insurance

Is the buyer or seller responsible for title insurance?

Here in California, it is a matter of local custom. In Southern California, typically the seller agrees to purchase the owners policy for the buyer, the buyer supplies the title insurance for the lender. In Northern California, the buyer typically pays for both policies. It is, however, a matter that is covered in the contract between the seller and buyer and is negotiable, as is everything else. All closing costs can be negotiated as part of the sales contract. Who pays for title insurance varies from state to state based on local custom, but can be negotiated between the buyer and seller as part of the sales contract. There are no laws providing for either party to be required to pay. In the case where the seller has elected to pay title expenses, the buyer needs to make sure that the Lender has approved those fees to be paid by the seller. Some types of mortgages require that the buyer/borrower have a certain amount of funds available for the closing fees and may "cap" what fees can or cannot be paid by the seller in behalf of the buyer.

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Title Insurance

How do you evaluate a title insurance company?

A title insurance COMPANY is the actual underwriting company or insurer. A title insurance AGENCY is the local guy providing services by his Underwriter. Just like your local car insurance AGENT who writes for an insurance COMPANY. The title underwriting industry is ranked by Demotech. Demotech is a national independent actuarial service firm that rates the financial stability of all P&C insurance providers within the United States. Demotech?s Financial Stability Analysis Model, which determines the financial stability of insurers, has been accepted by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), since 1989.

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Title Insurance
Home Buying

What steps do you need to take when buying a home with cash?

I would suggest few things before buying a home for cash:

  • Identify Your Needs
  • Find A Real Estate Agent
  • Get Pre-approved
  • Go House-hunting
  • Make Your Offer
  • Negotiate
  • Prepare To Close
  • Close The Sale

If you are paying all cash get Title insurance.

A title company will insure that you can get clear title. They will search for judgments against the buyer(s) and seller(s) and liens against the property, access and easements, water/mineral rights. Read your preliminary Title Report. The Escrow company will pro-rate taxes, insurance and record the title for you. The selling Real estate agent/or attorney in some states, will write The "Earnest money Agreement" or "contract of sale" should indicate sale price, earnest money, down payment, form and timing of payment(s) and time of transfer. this should be written to protect you and allow you to get your earnest mony back if you decide not to purchase. If the contract is unclear or can be read two ways, have it corrected before signing. Usally the title company/Escrow company holds your earnest money and interprets the contract.

Only Closing costs such as points/fees to bank, mortgage broker or lender can be avoided with a cash purchase. other closing costs: Title fees, escrow fees, recording fees, County, city taxes pro-rated - are necessary. A lender would check to see if the home was in a flood zone - did you check? A lender would check to see if the home needed a pest and dryrot inspection. Was the home appraised to determine value? Did you require a home inspection? where necessary permits obtained? Is there lead paint? asbestos? condition of roof, drainage, septic or sewer? well? Water flow and potability

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New York
Insurance
Title Insurance

Where can you get a title insurance primer for New York State?

Title insurance is regulated in NY by their Department of Banking and Insurance.

Check out their website at: ins.state.ny.us

Go on the website of any of the larger title companies or their local agents. They usually have an FAQ section explaining title insurance and what it covers.

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Life Insurance
Title Insurance

What does misrepresentation mean in regards to insurance?

If you leave out facts or make false statements (lie) on the application (or claim) for insurance it is considered a misrepresentation of your true situation for the purpose of getting the money.

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Deeds and Ownership
Lawyers

What happens if the attorney makes a title mistake?

If the attorney was hired to give you a LEGAL opinion of title but was not the title examiner/reader for the issuing title agency, then it becomes a legal matter which would fall under malpractice.

If the attorney is covered by the Closing Protection Letter and/or either owned the title agency or is employed by the title agency, his/her acts may be covered by the Owner's Policy. A claim with the title underwriter for negligence of title examination or opinion on title cannot be filed if the attorney was a third party, not acting in behalf of the title agency/underwriter. The qualifier to the question is as to whether the attorney was also acting on behalf of the agency/underwriter. In many states, the attorney cannot be representing your interests as well at the agency's.

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Insurance
Title Insurance

How do you get licensed to write title insurance?

California has set criteria for an insurance UNDERWRITER to become approved to issue insurance.

Start with the California Department of Insurance. Their website is: www.insurance.ca.gov

Becoming an AGENCY has a separate criteria than an UNDERWRITER being approved to issue insurance.

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Title Insurance
Chuck Norris
Logos

What do you do if you can't find the company that owns first Trust?

The FDIC has a list of all banks that have been bought, sold, gone out of business, etc. and is the best lead to finding out a way to obtain a Satisfaction of Mortgage by tracking down where the assets of 1st Trust were transferred or escrowed to. Even if a bank goes bankrupt, the Federal regulations around closing the bank are specific as to what happens to assets, liabilities and any monies left in the bank. You may also ask your title agent to use PayoffAssist.com. They are an online search company that specializes in this area. Additionally, There is the Lane Guide (laneguide.com) which is the authority on cross-referencing the successors and their current servicing location. They have been in business for over 50 years.

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Title Insurance

What is the difference between standard title insurance and advantage title insurance for home buyers?

"Advantage" title insurance sounds like a product of a particular Underwriting company. It is not a TYPE of title insurance. Many Underwriters have a "premium" Policy available to consumers that has additional benefits over the standard insurance. Ask your title agent for a side-by-side comparison of the two policies.

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Insurance
Title Insurance

What do you need to sell title insurance in NJ?

In order to sell title insurance in NJ, you must hold a NJ title insurance producer's license. Pre-licensing courses are available throughout out the State. Once you have completed the course, passed the school and state tests, the state of NJ requires 48 hours of CE during the 4 year licensing period. In addition to enabling a person to sell title, the license also provides for any person "effecting" title which includes examination/underwriting, sales and conducting title closings. Attorneys closing for a title agency must hold a Producer's license. "Notaries only" are not allowed to conduct closings for title agencies. Notaries must also be licensed producers.

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Insurance
Title Insurance

What is title insurance for?

Title insurance protects you against hidden problems with the ownership of the property, i.e. if the seller doesn't have full rights to sell. It insures that there are no liens or mortgages left unsatisfied on the property. When a buyer purchases a property, title insurance protects them from any claims of ownership, lien, or mortgage placed on the property before the buyer takes title to the property. If the information upon which the title insurance is based is incorrect, and a claim is asserted against your ownership of the home, then the policy indemnifies or protects you from experiencing a financial loss directly attributable to a claim that is covered by the policy.

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Insurance
Medical Insurance
Title Insurance

How do you get a Florida Insurance License?

Depending on the license, sales or adjusting, you may be able to take a designation course that will excuse you from the state licensing test. The adjuster licenses, 5-20 Independent, and 6-20 Company, as well as the 4-40 Customer Service Representative sales licenses are all available by designation. All other licenses require the state licensing exam.

The first step is to review your state requirements based on the type of insurance you want to sell. There is essentially only life and health and property and casualty line of insurance. All designations come under these two classifications. Create a profile at http:/www.fldfs.com/Agents. Study the coursework at home using text material or, preferably, online courses because they are engaging, enhance recalling abilities, cheap and of exceptional quality. They also offer a lot of practice material and real life examples. But make sure that the course is approved by the state department of insurance. You will find the approval code in the course description of clearly given on the provider websites. You will have to take the exam with the insurance department, though.

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Title Insurance
Home Equity and Refinancing
Deeds and Ownership

How do you get a title search done?

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.

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Insurance
Title Insurance

Can you sell title insurance using the license of the underwriting company or must you have your own?

No, a Title Agency or individual producer cannot use an Underwriter's authority to sell title insurance unless that agency or individual producer is an employee of the Underwriter and the Underwriter also acts as an agency in the state it is doing business in. 1. A Title Insurance AGENT is the business who acts in behalf of an Underwriter. 2. A Title Insurance COMPANY/UNDERWRITER is the company who issues title insurance. Example: John Doe decided to open a Title Agency, but in order to do that, he must sign an agency agreement with an Underwriter to act as an agent for that underwriter. Once the agreement is in place and all conditions of the agreement have been met, John Doe may now go solicit business for that Underwriter under his newly created Title Agency. Can he sell title insurance in behalf of the underwriter without being licensed? The answer is yes and no. Some states require that a Title Agency and its principal (primary owner) be licensed specifically for title insurance. Other states have no licensing requirements to operate as a Title Agency. The best 2 resources to find out what your State requires for agency licensing are: 1. Department of Insurance (in your state) 2. Title Insurance Underwriter authorized to do business in your state

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Insurance
Title Insurance

Do you have to pay for title insurance again when refinancing?

Yes. You have to buy a lender's title policy for the new lender. Your owner's title policy is good for as long you own the home. If you have an owner's policy, you can very often get a "reissue credit" on any future lenders title policies that you may be required to buy when you refinance.

The Mortgage Policy is only good for the life of the loan. If the current loan is paid off, the policy is no longer needed on the CURRENT loan being paid off.

However, the new lender will require a Mortgage Policy on the new loan.

The ONLY time you may not be required to get new title insurance would be if the current mortgage loan was re-written by the lender, changing terms, interest rates but not the loan amount.

Don't confuse this with a Streamline loan offered by your current lender offering a new interest rate on a new loan, but with low cost closing fees.

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Auto Insurance
Life Insurance
Title Insurance
English to Spanish

How do you say underwriter in Spanish?

evaluador de riesgo

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Title Insurance
Loans
Mortgages
Money Management

What happens if your title company neglect to record a CEMA even though they took the recording fee and now you cannot refinance without paying mortgage tax?

You should consult an attorney, but it sounds like the title company was negligent. You should demand they compensate you for it and if they don't, take them to small claims court (or higher level court depending on the amount allowed in your jurisdiction).

A CEMA mortgage is a very specific mortgage document. Was the original mortgage a CEMA mortgage and do you have an Owner's Policy issued by the title agency for that transaction?

I am assuming you used an attorney for your closing, so consult that attorney as to what can be done, since you PAID that attorney for legal advise in the transaction.

If the title agency collected a recording fee and did not use it to record a document (ANY document) that is a RESPA violation which can have very serious consequences for the title agency.

I would go to their UNDERWRITER with the complaint and see what happens from there. Typically the Underwriter will consult with their Agents so that claims are not filed. They may be able to compel them to perform accordingly.

If you had an Owner's Policy issued in the transaction, I'd immediately file a claim. If this was on a refinance transaction, you need to make sure that a CEMA mortgage was used by the lender.

In either case, you are entitled to remedy of the situation.

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