simpluxe financial
 
library of articles
Our library consists of articles regarding common mortgage,
credit, and real estate topics.


Loan Process

Dictionary

Calculators

Library of Articles

Archive of Newsletters

Downloadable Forms

Real Estate Referrals

Support Small Business

loan profiler


Stay current with real estate and mortgage news by registering
with us to receive our
FREE
e-newsletter

Name:


Email Address:





  Tools & More : Library : Title

To find the articles most useful to you we have grouped them into categories for easier searching. Please select from the following topics :

Appraisals
Credit
Foreclosure
Insurance
Investing in Real Estate
Mortgage
Practicing Green
Purchase Your Home
Real Estate
Refinance Your Property
> Title

Collection of Featured Articles
Articles for Realtors

TITLE ARTICLES

Different Ways to Hold Title
FAQ: Escrow
FAQ: Title Insurance
From What Does Title Insurance Protect Me?

If you cannot find the article you need please feel free to contact us!



 

From What Does Title Insurance Protect Me?

Although the chance of any of the following examples happening is somewhat on the slim side, it is always better to be safe than sorry. The mortgage and real estate industries have seen millions of smooth transactions but they have also seen thousands of nightmares. The nightmares are what title insurance protects you from--standard title insurance protects the homeowner or property owner from back claims and unidentified and sudden liens. If in the case there are any future claims for your property in regards to liens or ownership, the title company will pay the legal fees required to protect your right as the property's rightful owner.

The standard title insurance policy covers all the standard concerns and it is rare that you will ever need additional protection. However, there are cases where additional coverage may be needed or requested, whether it be for your home or for your most recent real estate investment. In these cases, we recommend obtaining what is called the Eagle Coverage Policy--an insurance policy only provided by First American Title Company, one of the recommended title companies in our network of real estate referrals.

To better understand the details and expanded coverages the Eagle Policy provides, the following provides ten (10) examples or categories of ways it protects you and your claim to ownership. The following information has been provided by The First American Corporation:

"Here are [ten] examples of possible claims that would be covered by the Eagle Policy, and not by a Standard Policy of Title Insurance.

Future Forgeries
Criminal forgery ring finds property that has a lot of equity in it. They forge a deed from the real homeowner to one of the forgers. They then go to a lender to get a home equity loan for $300,000. Forgers close home equity loan and take off for parts unknown with proceeds. Homeowner notices posting on his property for the foreclosure of loan he knows nothing about.

Forced Removal of Structure with No Building Permit*
Prior owner built garage without permits. This was not disclosed to Buyer and escrow closes. Buyer goes to city to get approval for new bathroom addition plans. City Inspector red-tags garage and orders it removed.

Future Encroachments
Years after close, Neighbor attempts to build a garage on land Homeowner knows extends onto her own property. Neighbor disputes that Homeowner owns that land and proceeds with building.

Reversion Coverage
When Homeowner purchased property, the title policy reflected a restriction in a deed from 1926 stating that the property must be used for religious purposes or title would revert to the original Grantor. Sometime after that the property was converted to residential use. Homeowner gets into an unrelated dispute with Neighbor who does a little property research and finds the restriction. Neighbor tracks down the descendant of the original grantor and sues Homeowner for violation of the restrictions.

Subdivision Law Violation Coverage*
Homeowner purchases house anticipating adding a living room. When she approaches the city for the addition permits, it is discovered that their lot is the result of an illegal lot split some time back. For this reason the City denies issuing a building permit.

Broader CCR Enforcement Coverage*
Previous owner landscaped the property in violation of the CC&R's. Homeowner gets a notice from the association to scrape and re-landscape to comply. Total Bill: $20,000.

Broader CC&R Violation Coverage
Previous owner built a deck that violates CC&R's. In the course of reselling the home, Homeowner finds out about the violation and dutifully discloses it to New Buyer. New buyer refuses to purchase because of the violation.

Map Coverage
When Homeowner purchases property, Title Company attached a parcel map showing lot dimensions that Homeowner relied on. When Homeowner goes to get permit for addition plans, he finds out there was a subsequent map correcting a clerical error on the first map. As a result the legal description is the same but the lot is smaller than thought. The permit is denied because the lot is not large enough for the addition.

Graduated Liability Coverage
Homeowner purchased property 6 years ago for $300,000. Is currently in contract to sell property for $450,000. In the course of the sale Homeowner finds out this his title was based on a forged deed and therefor does not belong to him. He recovers $450,000 from Title Company.

Transfer into Trust
Homeowner purchases property then transfers into her family trust without obtaining new title insurance. After this a title claim arises. She is covered.

*Subject to a deductible and maximum liability amount."

It is ultimately your choice whether to obtain a standard policy of title insurance or to follow the route of the Eagle Coverage Policy. Just remember that either way you are protected for the general claims and liens that may be identified after you purchase the property; the additional coverages are optional.
equal housing

Equal Housing Lender. © 2010 Simpluxe Financial. DRE License #00654852. All Rights Reserved.
| 25938 Kay Avenue, Suite 318, Hayward, CA 94545| P: 510-913-5729 | F: 415-946-3556 |

| Site Map | Live Chat | Account Login | Contact Us | Give Feedback | Online Survey |