Blog > Understanding Title Insurance: Why It's Important for Real Estate Transactions

Understanding Title Insurance: Why It's Important for Real Estate Transactions

by Jennifer Bien

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As a buyer or seller in a real estate transaction, you may have heard about title insurance, but aren't quite sure what it is or why it's important. Title insurance is a type of insurance that protects property owners and mortgage lenders from potential title defects, and it's an essential step in the real estate transaction process.

What is Title Insurance?

Title insurance is an insurance policy that provides protection for the property owner and mortgage lender against any legal or financial issues that may arise from defects in the title. These defects can include unpaid taxes, liens or judgments, or errors in public records. Title insurance is purchased during the closing process of a real estate transaction and provides coverage for as long as the owner or lender has an interest in the property.

Why is Title Insurance Important?

As a buyer, purchasing a new property can be an exciting experience. However, it can also come with some risks, including potential title defects. Title insurance provides protection for these risks and is often required by lenders to secure a mortgage. It is important to understand the terms of the title insurance policy to ensure you are fully protected.

As a seller, title insurance can help protect you from any legal issues that may arise regarding the title of your property. It provides peace of mind that any potential issues have been addressed and resolved before the sale of your property.

Types of Title Insurance

There are two types of title insurance policies: owner's policy and lender's policy. An owner's policy protects the property owner against any title defects, and it provides coverage for as long as the owner has an interest in the property. A lender's policy, on the other hand, protects the lender and is often required when obtaining a mortgage. It covers the amount of the loan and decreases as the loan is paid off.

Who Provides Title Insurance?

Title insurance is typically provided by a title company, but it can also be provided by an attorney or a real estate broker. It is important to choose a reputable company with a strong track record in the industry.

How Does Title Insurance Work?

Before issuing a title insurance policy, the title company will conduct a thorough search of public records to identify any potential title defects. If any issues are found, the company will work to resolve them before issuing the policy. Once the policy is issued, the title company assumes the risk of any title defects that were not identified during the search. If a defect is discovered after the policy has been issued, the title company will take responsibility for any legal fees or damages that arise from the issue.

Conclusion

Title insurance is an essential component of any real estate transaction. It provides protection and peace of mind for both buyers and sellers, and it is often required by lenders. Understanding the types of title insurance available, who provides it, and how it works can help you make informed decisions about your real estate transactions. Always choose a reputable title company with a strong track record in the industry to ensure you are fully protected.

 

Jennifer Bien Hawaii Real Estate - Kailua-Kona

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         Contact Me: 808-938-3052 or jenniferlbien@gmail.com

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