SCHUTT LAW FIRM, P.A.
Phone: 239.540.7007
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Title Insurance
Making a decision in real estate can be tough, especially when your heart is set on a property but all of the signs point towards it not being a good call. Still, you need to remember that it’s better to walk away from a bad deal than it is to handle the consequences of it later on. If you need a bit of help with identifying some of the signs that you should let go of a property you’re interested in, continue reading.
When to Let Go Of a Property
- Obviously, if the financial situation isn’t right, then you should back away. For example, if a property goes over your budget, or you can seem to reach a deal with the seller, let it go.
- You may love a house, but if the neighborhood it’s located in isn’t right for you, don’t purchase it. After all, you will be living there for years to come, so if the environment bothers you, it may not be worth it.
- Needless to say, fixing a home can be a costly endeavor. This is why, if the property you’d like to acquire is in a horrible state, you may be better off just looking for one that is in better condition (even if it’s a bit pricier).
- Sadly, fraud is something that happens in the real estate world, which is why you need to keep an eye out for sketchy behavior. If something isn’t right within the home buying process or with the sellers, check on it, or just move on to another property.
- Lastly, make sure that all of the paperwork and legal procedures regarding a property are in order before buying it. If they aren’t, this may mean trouble for you later down the road!
Call Schutt Law Firm, P.A. for Title Insurance in Fort Myers
If you want to make sure that you’re making the right decision in real estate, you can run a title search on the property and even purchase title insurance. At Schutt Law Firm, P.A. in Fort Myers, they’ll provide these and other services to help you have a safe closing. Call 239.540.7007 for more information.
WHY TITLE INSURANCE?
Owning real estate is one of the most precious values of freedom in this country. You want the assurance that the property you are buying will be yours. Other than your mortgage holder, no one else should have any claims or restrictions against your home.
Title insurance is issued after a careful examination of the public records. But even the most thorough search cannot absolutely assure that no title faults are present, despite the knowledge and experience of professional title examiners. In addition to matters shown by public records, other title problems may exist that cannot be disclosed in a search. Title insurance eliminates any risks and losses caused by faults in title from an event that occurred before you owned the property.
Title insurance is different from other types of insurance in that it protects you, the insured, from a loss that may occur from matters or faults from the past. Other types of insurance such as auto, life, or health cover you against losses that may occur in the future. Title insurance does not protect against any future faults, but does protect you from risks or undiscovered interests. Another difference is that you pay a one-time premium for a policy that remains effective until the property is sold to a new owner - even if that doesn't occur for decades.
What is a Lender's Policy?
A lender's policy, also known as a loan policy or a mortgage policy, protects the lender against loss due to unknown title defects. It also protects the lender's interest from certain matters which may exist, but may not be known at the time of the sale.
This policy only protects the lender's interest. It does not protect the purchaser. That is why a real estate purchaser needs an owner's policy.
What is an owner's policy?
An owner's policy protects you, the purchaser, against a loss that may occur from a fault in the ownership or interest you have in the property. You should protect the equity in your new home with a title policy.
What does an owner's policy provide?
- Protection from financial loss due to demands that may be charged against the title to your home, up to the cost of the title policy.
- Payment of legal costs if the title insurer has to defend your title against a covered claim.
- Payment of successful claims against the title to your home covered by the policy, up to the cost of the policy.
Why the seller needs to provide title insurance?
Any purchaser will need evidence that his investment in your property is free of title defects. The title insurance policy that you provide the purchaser is a guarantee that you are selling a clear title to your real estate, unencumbered by any legal attachments that might limit or jeopardize ownership. It will reassure your purchaser that he or she is protected from any risks or losses and could help you close your deal.
Why the buyer needs title insurance?
Without title insurance, you may not be fully protected against errors in public records, hidden defects not disclosed by the public records, or mistakes in examination of the title. As a result, you may be held fully accountable for any prior liens, judgments or claims brought against your new property. If this should occur, your title policy insures that you will be defended at no cost against all covered claims up to the amount of the policy.
How much does title insurance cost?
The insurance commission approves and controls the premiums for title insurance policies. The premiums are paid only once and the cost depends upon the purchase price of the property and the policy amount must be equal to the purchase price.
What does title insurance protect from?
- Fraud
- Adverse possession
- Rights of divorced parties
- Deeds by minors
- Undisclosed Heirs
- Errors in tax records
- False affidavits of death or heirship
- Probate matters
- Deeds and wills by persons of unsound mind
- Conveyances by undisclosed divorced spouses
- Forfeitures of real property due to criminal acts
- Deeds by persons falsely representing their marital status
- Documents executed by a revoked or expired Power of Attorney
- Defective acknowledgements due to improper or expired notarization
- Mistakes and omissions resulting in improper abstracting
- Forged deeds, mortgages, wills, releases and other documents
- False impersonation of the true land owner
12601 New Brittany Blvd
Fort Myers, FL 33907
Phone: 239.540.7007
Fax: 239.791.1080
