Posted on March 1, 2010.
Title Insurance: Why do you need and how to shop for it The buyer pays the premium at the time of closing. Title insurance protects against losses arising from problems associated with this title to your property. Before you bought the house it may have gone through several ownership changes, and the land on which it stands can be spent by many others. There may be a weak link at any point in this chain that could emerge to cause trouble. For example, someone on the road may have forged a signature in the transfer of ownership. Or it may be paid property taxes or other liens. Title insurance covers the insured for all claims and legal costs arising from these problems.
Title insurance protects against losses arising from events occurring before the date of the policy. Coverage ends the day the policy is issued and extends backward in time for an indefinite period. (This is in striking contrast with the property or of life insurance, which protects against losses arising from events occurring after the establishment of contract for a specified period in the future.)
Title insurance protects the lender required on the amount of the mortgage, but it does not protect your interest in the property. For that you need a policy as an owner for the full value of the house. In many areas, sellers pay for owner policies as part of their obligation to provide good title to the buyer. In other areas, borrowers must buy it as an add-on to the policy of lender. I recommend doing this because the extra cost above the cost of the policy lender that you have to do is relatively low.
The protection provided by an owner's policy lasts as long as the owner or heirs have an interest or obligation in respect of the property. When they sell, however, the lender will ask the buyer to obtain a new policy. Who protects the lender against any liens or other claims on property that may have occurred since the date of the previous policy - in other words, against something that you might have done.
For example, if the contractor you do not have to pay for remodeling your kitchen places a lien on your house, you are not covered by your policy as: the lien was placed after the date of policy. You'll probably need to get the lien removed before selling the property. But in the case where the privilege has not been removed and a search failed to discover the new lender will be protected by a new policy.
You can shop around for title insurance. Unlike mortgage insurance, in which the carrier is always selected by the lender, borrowers can choose the title insurance company. Very little, however. Most rely on one of the professionals with whom they are dealing with: the estate agent, lender or their lawyer. This means that competition among title insurers is largely directed toward these professionals who can lead the activities rather than to the borrowers.
And it may pay to shop around. It is difficult to generalize because market conditions vary state by state, and sometimes within states. I would certainly unique in states that do not regulate title insurance rates: Alabama, District of Columbia, Georgia, Hawaii, Illinois, Indiana, Massachusetts, Oklahoma and West Virginia.
You will lose your shopping in Texas and New Mexico because the state set prices for all carriers. Florida also sets title insurance premiums, but not other costs associated with securities, which may vary.
In other states, it may or may not pay the shop. Insurance premiums are the same for all carriers in "Office notes states": Pennsylvania, New York, New Jersey, Ohio, and Delaware. All Member States allow insurers to submit under the approval of a single scale for all carriers through a cooperative entity. Yet, in some.