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There are two types of title insurance polices, the owner's
policy
and the lender's policy. When you buy your home you will arrange to
buy
title insurance which will cover your interest in that property. The
limit of
this owner's policy will generally be for the market value of the
house at
the time of the purchase. If you will be obtaining a mortgage on the
property, your lender will require a lender's policy to protect their
interest in the property. The lender's policy will be written for the
amount
of the mortgage. You may be wondering why two policies are necessary
to
insure the same piece of property or you may be wondering if you have
to pay
two separate title insurance premiums. In most cases, you will pay
for the
two policies together and this cost will be a discounted price.
The owner's policy will cover losses or damages you suffer if it
is
found that the property belongs to someone else, or if there is a
defect or
lien on the title, if the title is unmarketable, or if there is no
access to
the land. Your owner's policy will have a section setting forth what
is
covered as of the effective date. It will guarantee that your
ownership is
free from defects or encumbrances, except any listed as exceptions in
the
policy, it will guarantee your have access to the land, and it will
guarantee
that you have the legal right to sell the property and convey
marketable
title to a new owner. If you buy the property for $100,000, then the
owner's
policy will be written for the full amount, $100,000.00.
The lender's or mortgagee policy, on the other hand, protects the
lender for the amount of their loan. If they loan you $80,000.00 on
your
house, then their policy will be for that amount only, $80,000.00.
This type
of policy is called the ALTA policy and is a standard policy approved
by the
American Land Title Association. It is issued to banks and other
institutional lenders. In addition to covering the lender for the
losses
included in the owner's policy, the lender's policy includes coverage
for any
losses that the lender would incur if another creditor were first in
line.
If, for example, you were to take out a second mortgage and had
managed to
keep this second loan hidden while refinancing your first mortgage,
the
second mortgage would take first place in the event of a foreclosure
action.
The lender's title insurance policy would cover the mortgagee of the
first
loan if this were to occur.
When an owner's and a lender's policy are issued at the same time,
or
concurrently, the premium is less expensive than if the two polices
are
issued separately. Since the title insurance company only has to
search the
records one time, and because a concurrent policy doesn't increase the
risk
that much, the concurrent policy premium will generally cost about one
third
less than two separate policies. If there were to be a loss, the
title
company would be liable to the owner for the amount of their equity,
in this
case, $20,000.00 and to the lender for their value of their mortgage,
$80,000.00 for a total of $100,000.00. With $100,000 of coverage,
the title
insurer has covered both policies.
The costs of the owner's and the lender's policies will vary
depending on the location. The costs may vary from state to state, or
county
to county, or even from one company to another. Before choosing your
title
company or closing agent, inquire as to the prices they charge for a
title
insurance policy. Ask for the lowest rate allowed by law, and keep
shopping
for a lower rate if your closing agent will not negotiate on their
fees. |
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