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Title Insurance Examples Of Problems And Advice



W


hat is title insurance        A careful title search is done at 
and why should any buyer      the time property changes hands.  
get it when purchasing a      On rare occasions mistakes are    
home (single family, townhouse,       made anyway. Property can change  
condo, apartment, or whatever         hands in a number of ways         
format your home purchase takes)?     including by deed, by will and by 
Doesn't the attorney or               court action. Typically, these    
settlement company handling the       proceedings are recorded in       
closing see to it that you have a     different places. Searching the   
clear title? Isn't this just          history of ownership to be sure   
another way for someone to siphon     nothing has fallen through the    
a few coins off a real estate         cracks is a tedious job that      
transaction?                          requires alertness, intelligence, 
                                      and skill. Mistakes can happen.   
Title Insurance                       Fortunately they don't occur very 
                                      often, but they do happen.        
Title insurance prevents the                                            
property owner from suffering         A mistake of this kind happened a 
financial loss if, at any time        few years ago to some elderly     
during his ownership of the           friends of mine who owned a 136   
property, someone comes along who     acre parcel of farmland in        
can show that they have full, or      Stafford County, Virginia. It had 
partial, ownership of the             been the home place, the family   
property instead. Every mortgage      farm. The family had 10 children  
lender I'm aware of requires          who inherited it on the death of  
title insurance be purchased to       their parents. After they became  
cover the amount of the mortgage.     adults, one child, a daughter,    
They're not in business to lose       bought out the interests of each  
money.                                of her siblings. At her death,    
                                      the property was conveyed by will 



to her three sons. One of her                                           
sons had died without a will          Actually, this happened not once, 
which resulted in his widow and       but twice with the same family    
their 3 children gaining              group. In one case, the aunt      
ownership of his one third            remembered that her parent had    
interest per state law.               been bought out and signed the    
                                      quit claim deed. In the other     
My friend is the widow. She and       case, a cousin either did not     
her brothers-in-law wanted to         know or refused to acknowledge    
sell the property. The area had       what had happened and ended up    
begun to develop and each of the      getting ten per cent of the       
three of them had significant         proceeds.                         
health problems, so they decided                                        
an influx of cash would be            My suggestion is that you         
welcome. The property was master      purchase title insurance because  
planned, but not yet zoned, for       lack of it could prove            
multi-family use. Being subject       devastating. You make a down      
to a rezoning complicated the         payment. You make monthly         
sale, but the price reflected the     payments, an increasing portion   
change in use. When the title         of which is reducing the amount   
work was done, it was discovered      of principal owed. It is very     
that the heir of one of the 10        likely that the value of your     
children was still shown as a ten     property will go up over the      
percent owner of the property.        years. As time passes, these      
Neither my friend nor her             elements are likely to result in  
brothers-in-law had title             your home equity's being your     
insurance. If the heir would not      largest asset. Just how           
sign a "quit claim deed," they        devastating would it be if you    
were stuck with an additional         eventually discovered that        
owner.                                someone else owned what you'd     



always thought was your home?         of 10 lots at a time, so it's     
                                      possible a bank has an interest   
Do yourself a favor. When you buy     in your title. What happens if    
a home, buy title insurance.          the bank goes bankrupt and you're 
                                      left trying to get a release from 
What if the home you're               a trustee in bankruptcy?          
purchasing is new? No one else                                          
could have owned it before you,       Honestly, I'm not making this     
right? Well, someone owned the        stuff up. I've seen this kind of  
land. As a matter of fact, the        thing happen. Do yourself a       
builder/developer probably had a      favor. Buy title insurance.       
construction loan on it, and          

                              
they're often released in groups      






About the Author:

Raynor James is with http://www.fsboamerica.org - providing homes for sale by owner, "FSBO", properties. Are you thinking, "Should I sell my home?" Visit http://www.fsboamerica.org/seller.cfm to sell your home sale for free for one month.

Source: www.isnare.com


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