Farmington Hills Real Estate and Events talk Michigan

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What is title insurance and why buy it?

What is Title Insurance and why buy it?  Title insurance protects the policy holder from disputes over the ownership of a property.  Title insurance is basically an insurance policy that you pay for in one lump sum to protect you from defects in title.

What I mean by defects /possible examples are:  

  • Additional Ownership Claims: Other parties who might have an ownership interest in the property (usually one of the most common ways this happens is when the property isn't probated correctly when somebody dies) 
  • Mechanic´s Liens: Claims for payment filed when the seller didn't fully pay a contractor´s bill
  • County/State/Federal Liens: For unpaid property taxes or unpaid income taxes
  • Zoning Ordinances
  • Easements: The right to use another´s property for a specific purpose
  • Pending Legal Action or Judgments:  In legal jargon they call this lis pendens.  The suing party usually files a lis pendens to notify potential buyers, or mortgagors that there may be legal action coming.  
  • Restrictive Covenants: Legal limitations on aspects of the property´s use, such as size, type or style of buildings allowed to be added to property

The way the process works in Michigan is.  A title company goes to the county in which the property is located.  So if the property is in Wayne County Michiganthe go down to the County building in Detroit.  They go to the records section where the mortgages and all public records for a property is recorded.  They go thru the file.

Then the title company looks for leins, judgements, mortgages.  They look to make sure the chain of title has no gaps.  Sometimes it is a simple as person not filing a death certificate or a quit claim deed.  The title company sends a list of items needed to clear the title to the mortgage company, or real estate agent.  The list of items need to be fulfilled prior to closing to provide clear title.  It may as simple as showing proof that the contractor was paid, or that an old mortgage was paid off. 

So yes you should always get title insurance when you buy a home.  And you should never buy a home without going through a title company.  Otherwise you could buy a house that somebody else has a lien on it, somebody else may have an interest in.  Another words buying a home without a title company could mean you don't own the whole house free and clear.

Wouldn't you hate to find out in order to sell your home you have to pay a contractor $25,000 from the previous owner's debts?  Get title insurance if possible.     

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My Month of April quote:

"Sometimes the only way to get to the far shore is to lose sight of the shore you just left"

Russ Ravary

"helping make your move easier"

your local Metro Detroit Realtor helping clients like you sell and buy homes through out the entire Metro Detroit suburbs.   I love showing and selling Oakland County and Livingston County Lake front homes too.

           

 

Comments

Great information! I was always wondering on how Title companies are able to pay claims. Thank you for sharing.

Posted by Irina Riley - GRI, SFR, CNE, e-PRO, SRES (Coldwell Banker Residential Brokerage) over 1 year ago

I always advise my clients to get their own title insurance in addition to the title insurance the mortgage company (if there is one) requires.  Better SAFE than sorry.  Nice post. 

Posted by Don Sabinske, Sabinske & Associates Inc. over 1 year ago

This is fantastic information for consumers. Thanks for the great details!

Posted by Stephanie Reynolds East County San Diego Homes 619-838-4408 (Integrity First Financial Group, Inc. ) over 1 year ago

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