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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.

495 Questions

How do you start a title insurance company in Florida?

First and foremost you need money - anywhere from one hundred thousand dollars to two hundred thousand dollars. But more than money you need to have a cliental follow you to your new company for immediate business. Starting with no clients and even hiring the best of salesman, you are doomed . Next you must have a title officer who knows the ins and outs of the business and title insurance law. I don't mean 90% knowledge, I mean 100% knowledge. Another title officer is helpful, along with at least 3 to 5 secretaries designated to ascertain facts of the business. It is very important to have 1 to 5 underwriters for your business with the premium split discussed, and worked out and settled monthly. There are a few other minor things but without some good real estate attorneys directing you business, forget about it. Unless you have some in with a major bank directing you work. And remember, I have seen large accounts go faster than they came because of a political reason, which may be unbeknownst to you and not your fault.

How do you sue a notary and or title company for fraud?

To sue a notary or title company for fraud, you must first gather evidence supporting your claim, such as documentation of the fraudulent activity and any related communications. Next, consult with an attorney who specializes in real estate or fraud cases to assess the merits of your case and help you navigate the legal process. You will typically need to file a complaint in the appropriate court, detailing the fraudulent actions and your damages. Be aware of any applicable statutes of limitations that may affect your ability to file the lawsuit.

Who pays for title insurance in Wisconsin?

Seller or buyer can pay for the title insurance. Whatever is mutually acceptable by both parties.

In some states, the buyer always pays the entire fees. In other states, the seller always pays the entire fees. However, this can always be negotiated.

I have seen split fees where the seller will pay for the searches and the buyer pays all premium, recording and incidental charges.

Many sellers elect to have a Title Report (no insurance, just information) run on the property when they put it up for sale so there will be no surprises later on. If the buyer uses the same title agency for the sale, typically the title agency will not charge full search fees, instead applying what the seller has already paid for the Report, towards the final title closing fees.

Therefore, the fees are negotiable and usually follow the standard practice for the area where you live.

Is title insurance transferred in a conveyance of real property?

No. Title is transferred when the owner executes a deed that transfers ownership to the new owner. The deed must be recorded in the land records immediately to be effective against the world.

No. Title is transferred when the owner executes a deed that transfers ownership to the new owner. The deed must be recorded in the land records immediately to be effective against the world.

No. Title is transferred when the owner executes a deed that transfers ownership to the new owner. The deed must be recorded in the land records immediately to be effective against the world.

No. Title is transferred when the owner executes a deed that transfers ownership to the new owner. The deed must be recorded in the land records immediately to be effective against the world.

What happens if title search done is wrong?

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.

What is the primary purpose of HIPAA Title Insurance Reform?

Is to provide continous insurance coverage for workers and thier insured dependents when they change or loose jobs.

What insurance companies insure vehicles whit a salvage title?

The following insurance companies are known to insure vehicles with a salvage title:

  • Nationwide
  • Esurance
  • Progressive
  • Allstate
  • State Farm
  • The General
  • Geico

However you should always double-check with your insurance provider that they are willing to insure a vehicle with a salvage title before making a purchase.

How do you become a title agent in Massachusetts?

To become a title agent in Massachusetts, you must first complete a title insurance pre-licensing course approved by the Massachusetts Division of Insurance. After completing the course, you need to pass the state licensing exam. Additionally, you must submit a license application along with any required fees and background checks. Once licensed, you can work independently or with a title insurance company.

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.

How do you get a Texas Title producer's license to own a title company?

To become a Texas Title Producer you need to be at at least 18 years old and a U.S. citizen. If you meet the eligibility requirementsÊsubmit an application to the Texas Licensing Board to takeÊa licencing exam.

What does it take to open a title company in Texas?

1. Title Company = Actual insurance company ie: Underwriter

2. Title Agency = Agent of the Title Company providing title insurance products and escrow/settlement services.

A title COMPANY is highly regulated by state law in any state. Contact the Texas Department of Insurance as follows:

Texas Department of Insurance Title Division (MC 106-2T) P.O. Box 149104 Austin, Texas 78714-9104 Fax: 512-305-7426 www.tdi.state.tx.us

To open an AGENCY, you must obtain an Abstracting Plant, which is very costly. The Texas Underwriting Manual can be found at: http://www.tdi.state.tx.us/company/titleman.html

The Rate Manual can be found at: http://www.tdi.state.tx.us/company/titlemm3.html

Additionally, contact the Texas DOI for additional licensing requirements: www.tdi.state.tx.us

First settlement in Maryland?

English Catholics settled in Maryland because Catholics were being persecuted in England. They sailed to North America and found refuge in Maryland for those that felt religiously oppressed.

How is an individual or corp licensed as a title insurer in NY?

The State of NY does not regulate the licensing of title insurance producers. Therefore you can set up as a title insurance agent by creating your company structure (Corp, LLC, etc.) and speaking with a Title Insurance Underwriter to sign an agency agreement with them. Once that is arranged, you would move forward as in any business: * Identify your business location

Hire Key Staff for title examination and policy work

Set up your searchers

Purchase or Lease Title Production Software

Purchase your Errors and Ommissions Insurance

Market your services, etc.

In order to become a Notary in the State of NY, which will be required if you will be closing loans directly, needing acknowledgments and notarizations, you do need to take the NY Notary course and pass it to obtain your NY Notary Commission.

If property is not sold but transferred to LLC corp in wifes name is title ins still in force?

Title insurance is non-transferrable, meaning, if the deed changes, the Owner's Coverage from a PRIOR Policy does not cover the new owner. It doesn't matter whether it has been "sold" as consideration for a transfer can be anything each party agrees is of value. Many years ago, you would find deed vesting as folllows: "for the consideration of love", meaning a property had been transferred with no monetary value. If the property has a lien (mortgage on it) in the origial owner's name, you may want to also check the terms of your mortgage for "transfers" (ie sales). Most mortgages have a "due on sale" clause that means the loan must be paid in full at time of transfer to the new owner. The LLC may have to go get a new mortgage under its business entity, since the bank with the original loan had terms and conditions of making a loan to an individual, not a business/LLC. When transferring property, under a sales contract, agreement for sales or a Quit Claim Deed, it is advisable to check the terms of the current mortgage and also be aware that title insurance as an Owner's Policy, ONLY insures the owner who originally took out the Policy. Once the property is no longer owned by that individual(s), the Policy expires, regardless of what means the property was transferred by.

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.

What is the title of state?

The title of state?? I can only assume it means the state that the vehicle is registered and titled in.

How do you switch a title to a new owner?

Title to real property is transferred to a new owner by a written document called a deed. Title insurance cannot be transferred to a new owner. Each owner must purchase their own title insurance.

What is the difference between a title search and title insurance?

The more appropriate term is title examination.

A title examination is a comprehensive examination of the public land records to determine the ownership of a property, whether there are any outstanding liens or encumbrances on the property, whether any other entity has rights in the property, and to discover whether there are any issues or defects that need to be resolved prior to the purchase of a property. In order for a person to sell their property they must be able to transfer "marketable title" to a property. Marketable title is free from encumbrances that would cause a reasonable purchaser to not purchase the property. When you purchase a home, a title company or attorney's office will hire a professional to examine the record title to the property to determine whether any issues need to be resolved prior to transferring title. For example, in Massachusetts title examiners are required to research back in the public records for a period of 50 years to look for liens, easements, and problems with the title. Other states have similar requirements.

But what if something that was not apparent in a title examination at the time of the purchase surfaces after someone purchases a property? These latent defects in title cost people time, money and potentially the right to use and occupy their home. Title insurance insures exactly this situation.

There are two types of title insurance. First, there is lender's title insurance. Lender's title insurance protects the lender's right to title (i.e. a mortgagor's right to first lien position on the property) and is required for most mortgages and loans encumbering real property. As it is protecting a loan the premium amount is based upon the amount of the loan. This type of insurance only protects the lender's interest in the property NOT the homeowner's. If there is a defect in title that is uncovered after a homeowner purchases a home, the lender's policy will not protect their interests.

The second type of title insurance is Owner's Title Insurance. This is a policy of title insurance that protects the homeowner's interest in the property. The premium amount is based upon the purchase price of the home. It is a one time fee that protects the homeowner for as long as they own the property. If a problem arises, the title insurance company will pay to defend your right to title or to fix the problem. If the problem cannot be fixed, the title insurance company will pay any monetary losses incurred by the homeowner.

Common title problems are: mistakes in registry records or improperly indexed documents, errors on deeds commonly in the parties or descriptions, improperly or un-discharged mortgages, and undisclosed heirs. These problems are real and do occur fairly often.

As with any type of insurance there are exceptions to coverage. You should check with a title insurance agent before purchasing a policy and, as always, if you are purchasing real estate you should consult with a real estate attorney prior to putting in an offer.