“You have been served,” said the man at the door as he gave the homeowners a legal notice that they were being sued by relatives of a past owner of their home.
The owners bought the home from an investor who bought it a couple of months earlier from a young man who claimed to be the sole owner of the home. It turns out the young man’s grandmother actually owned the home, and he had stayed in the home alone after Grandma moved to a nursing facility. He forged her signature and sold the home to the investor. The fraud came to light a few months later when Grandma died and her children began to deal with what they thought were Grandma’s assets.
The good news is that the homeowners purchased title insurance when they bought their home. Unfortunately, the investor did not think that was necessary and had no insurance. So the title company paid off the estate and sued the investor to recover its losses. The investor filed for bankruptcy, and the grandson went to jail for fraud.
The bottom line to this true story is that because the homeowners had title insurance, they kept their home.
Title insurance probably is one of the least understood parts of the real estate purchase process. We buy most insurance to safeguard us against future problems. Car or home insurance safeguards us against future losses. Health insurance safeguards us against the cost of future medical needs. Title insurance, on the other hand, safeguards the ownership of your home or other real estate against past mistakes or fraud. You are insured against things that may have occurred before you bought the property.
What if the person who claims to own the home you are buying doesn’t really own it, or maybe someone else also has ownership in the property? Or maybe there is an outstanding lien against the property or a previous owner committed an act of fraud. These are the types of potential problems that could exist with the home you are buying. While these examples may seem far-fetched, the reason you buy title insurance is to protect yourself from the unexpected, just like home or car insurance.
Similar to other insurance companies, title insurance companies will do some research and investigation before they agree to insure your new home. They will research public records about the property as far back as they exist, sometimes all the way to the Louisiana Purchase. They will review the ownership records to make sure the interests of previous owners were properly transferred to the next owner all the way down the line to the present day. They also will check to see if all previous mortgages, deeds of trust or liens against the property have been properly released. In addition, they will check the public records for owners of the property to see if there are any outstanding judgments against them that could impact their ability to sell their home.
If you are obtaining a mortgage to purchase your new home, your lender will require that the title insurance you purchase also insures its interest in your home. Before the title company agrees to cover the lender, they will check public records for information regarding you. They will check to make sure there are no outstanding judgments against you for taxes or other items that could take precedence over the lender’s interest in your new home.
Once the title company has reviewed all the information, they will issue a title commitment. This document states they will provide title insurance for the property subject to a set of conditions. Those conditions may include normal things such as paying off the existing loan or the seller signing a warranty deed to the purchaser. Or it could include out-of-the-ordinary items such as satisfying existing judgments or getting other documents signed to correct problems found in the public records.
It is very important that you review this document with your Realtor. Under the terms of the contract used by Realtors in this area, you have 25 days to have a title search done on the property and to ask the seller to correct any defects that exist on the property that will prevent you from obtaining clear ownership of your new home. If these types of defects cannot be corrected, you have the right to cancel the contract.
While the choice of which title company to work with is yours, your Realtor can help you locate a title company that provided professional, timely service to clients. Be sure to ask some questions about the title company your Realtor recommends or you find for yourself. Like your automobile or home insurance agent, some title companies serve as agents for national insurance firms. If you have a claim, you will be dealing with the national firm or underwriter instead of your local agent. Be sure to ask your title company who will be issuing your insurance policy, and if they have a track record of stability. Also, title insurance companies have to provide you with a complete breakdown of their charges. While you can shop around for the best price, remember that timely and professional service often is equally as important.
Your title company usually is the last stop on your journey to your new home during the closing process. Call your St. Charles County Realtor today.








