What does title insurance protect you from? A lot.
Posted
by Julie Wright
on Thursday, April 13th, 2017 at 9:55am.
There are few things in life more important than protecting your home. The following matters are examples of why you need a title insurance policy. Remember that the best title examination or search cannot protect your equity and home from matters not appearing in the public records. However, a title policy can protect you from:
• Documents executed under false, revoked or expired powers of attorney
• False impersonation of the true land owner
• Undisclosed heirs
• Improperly recorded legal documents
• Prescriptive rights in another not appearing of record and not disclosed by survey
• Failure to include necessary parties to certain judicial proceedings
• Defective acknowledgements due to improper or expired notarization
• Corporate franchise taxes as liens on corporate real estate assets
• Gaps in the chain of title
• Mistakes and omissions resulting in improper abstracting
• Forged deeds, mortgages, wills, releases of mortgages and other instruments
• Deeds by minors
• Deeds which appear absolute, but which are held to be equitable mortgages
• Conveyances by an heir, devisee or survivor of a joint estate who attempts to attain title by ill-gotten means
• Inadequate legal descriptions
• Conveyances by undisclosed divorced spouses
• Duress in execution of wills, deeds and instruments conveying or establishing title
• Issues involving delivery of conveyancing instruments
• Deeds and wills by persons lacking legal capacity
• State inheritance and gift tax liens
• Errors in tax records
• Demolition and substandard building liens
• Administration of estates and probate of wills of missing persons who are presumed deceased
• Issues of rightful possession of the land
• Issues concerning the rightful conveyances by corporate entities
• Deeds and mortgages by foreigners who may lack legal capacity to hold title
• Legal capacity of foreign personal representatives and trustees
• Issues involving improper marital status
• Improper modification of documents
• Rights of divorced parties
• Conveyances in violation of public policy
• Misinterpretation of wills and ancillary instruments
• Deeds by persons falsely representing their marital status
• Claims by creditors of decedent against property improperly conveyed by heirs and devisees
• Issues concerning unlawful takings by eminent domain or condemnation
• Special tax assessments
• Real estate homestead exceptions
• Forfeitures of real property due to criminal acts
• Issues concerning adoption of children
• Conveyances and proceedings affecting rights of military personnel protected by the Soldiers’ and Sailors’ Civil Relief Act
• Issues concerning interests noted in financial statements filed under Uniform Commercial Code
• Interests arising by deeds of fictitious parties
• Adverse possession
• Lack of jurisdiction or competency of persons in judicial proceedings
• Community property issues
• Utility easements
• False affidavits of death or heirship
• Intestate estates
• Probate matters
• Federal estate and gift tax liens
*Subject to certain limitations set forth in the policy.