You've probably read about real estate scams, wire fraud and instances of title theft. We post a Fraud Insights article in almost every issue of our newsletter. In fact, the NY Attorney General is proposing new legislation to combat some forms of title theft here in New York State.
Aside from the scams and fraud, there are plenty of title defects that can remain with a property once it is conveyed. Your buyers should know about these and how to protect themselves. Here are the Top 10 Reasons to obtain a Fee (Owner's) Policy:
10. An attorney who relies on local, parochial community standards of practice is taking a risk in light of large and impersonal global market forces.
9. Lenders go to great lengths to minimize their risk of lending to you by obtaining a loan policy. Sophisticated commercial buyers insist on title insurance; so should you.
8. When purchased with a loan policy, the premium is substantially reduced. The cost is very small compared with the benefit and security a policy offers.
7. The premium paid once for as long as you, or your heirs, own your home.
6. Without a policy, you pay all the costs of defending title to your property; including court cost and legal fees. If unsuccessful, the result could be a total loss of title. (And you may still owe the remaining balance on your note). With a policy, the title company pays to defend your title and either clears up the problem or pays the insured's (your) losses. Title insurance is a strict form of assurance. No showing of fault is required.
5. Even the most thorough search cannot absolutely assure that no title hazards are present, despite the knowledge and experience of professional title examiners.
4. The attorney, county clerk and abstractor may not be liable for a title defect, based upon local community standards of practice, or the statute of limitations for malpractice or negligence may have run, even if they were liable, so you, the homeowner, may have no recourse in the even a defect does arise.
3. Correcting title problems is very costly and time consuming.
2. You are protected up to the full amount of the policy (usually what you paid for your property). You can obtain a rider that increases the coverage as the value of the home increases.
1. Protects the title to possibly the most important investment you'll ever make - your home.
You can download the full document in PDF format to provide to your buyers by clicking here
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