Wednesday, January 16, 2008

query: who holds the title to title insurance

Title to real estate isn't transferred like a vehicle title, so there isn't a "title" per se.

Title or ownership of real estate is transferred by a deed which is a legal document. The deed identifies the seller and the buyer and also the real estate. The deed should be recorded at the county courthouse so that the public has notice of the transfer.

The title insurance policy will identify who is vested in title, meaning who owns the property according to the records at the courthouse.

If the title insurance policy is an owner policy, it will show the vested owner as the insured, which means that the insurance is for the benefit of the owner.

If the title insurance policy is a loan policy, it will show the mortgage lender as the insured, which means that the insurance is for the benefit of the mortgage lender.

If you purchase a title insurance policy, follow-up to make certain that you actually receive the policy after closing. Keep it in a safe place in case you need to make a claim.

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