Title insurance is extremely important when purchasing or refinancing a piece of property. Yet many consumers are unsure about what title insurance is and what it protects against. Here are some answers to the more common questions about title insurance.

Types of Title Insurance
There are two types of title insurance: Lenders title insurance, also called a Loan Policy, and Owner's title insurance. Most lenders require a Loan Policy when they issue you a loan. The Loan Policy is usually based on the dollar amount of your loan, but can be up to 125% of the loan amount. It protects the lender's first priority lien interest in the property should a problem with title arise. The loan policy coverage decreases and eventually disappears as the loan is paid off.

The Owner’s Policy is always issued in the amount of the real estate purchase. It is purchased for a one-time fee at closing and lasts as long as you or your heirs have an interest in the property. This may even be after the insured has sold the property. Only Owner's title insurance fully protects the buyer should a problem arise with the title that was not uncovered during the title search. Owner's title insurance also pays for any legal fees involved in defending a claim to your title.

Prices and who pays for title insurance vary from state to state. On much of the West Coast, the seller pays the title insurance premium for the buyer. In other states the buyer obtains an Owner's policy on his/her own.

How Am I Protected?
In order to issue title insurance, the title company must search public land records for matters affecting that title. Many search the "chain" of title back 50 years. One in four title searches find a title problem that is fixed before title insurance is issued. Some examples of items that can cause a problem are: fraudulent or improperly prepared deeds, open mortgages, wills, probate proceedings, and trusts that contain improper information; outstanding judgments or tax liens against the property or individuals, covenants and restrictions, and easements. Title companies address what needs to be done to fix the problems, and then once those requirements have been met the transaction can be closed, and title insurance issued.

Occasionally, in spite of an exhaustive title search, hidden hazards can emerge after closing. Things such as mistakes in the public record, previously undisclosed heirs claming to own the property; or fraud could cloud the title. Title insurance offers financial protection against these by negotiating with third-parties, and paying claims and the legal fees involved in defending the title.

Common Title Problems
Here are some common issues that could occur:

Fraud & Forgery
(NAPS) — Those involved in real estate fraud and forgery can be clever and persistent, which can spell trouble for your home purchase or for the lender when giving a loan. Fraud and forgery are examples of hidden title hazards that can remain undetected until after a closing despite the most careful precautions. Although emphasizing risk elimination, a title insurance policy protects financially through negotiation by the insurer with third parties, payment for defending against an attack on the title as insured, and payment of valid claims.

Conflicting Wills
(NAPS) — Conflicts over a will from a deceased former owner may suggest a study topic for law school. But the subject can take on a reality dimension and all too quickly your home ownership is at stake.

Missing Heirs
(NAPS) - When buying a home, it's important to remember what you don't know can cost you.

As an example illustrating the need for precautions, The American Land Title Association pointed to a couple who purchased a residence from a widow and her daughter, the only known heirs of the husband and father who died without leaving a will.

Soon after the sale, a man appeared - claiming he was the son of the late owner by a former marriage. As it turned out, he indeed was the son of the deceased man. This legal heir disapproved of his father's remarriage and had vanished when the wedding took place. Nonetheless, the son was entitled to a share of the value of the home, which meant an expensive problem for the unwary couple purchasing the property.

Although the absence of a will hindered discovery of the missing heir in a title search of the public records, ALTA said that owner's title insurance issued at the time of the real estate transaction would have financially protected the couple from the claim by the missing heir. For a one-time charge at closing, owner's title insurance will safeguard against problems including those even an exhaustive search will not reveal.

ALTA reminded that owner's title insurance is necessary to fully protect a homebuyer. Lender's title insurance, which is usually required by the mortgage lender, serves as protection only for the lending institution.

I'm refinancing, why do I need title insurance?
When you refinance you are obtaining a new loan, even if you stay with your original lender. Your lender will require Lender's title insurance to protect their investment in the property. You will not need to purchase a new Owner's title policy; the one you bought at the original closing is good for as long as you and your heirs have an interest in the property.

Even if you recently purchased or refinanced your home, there are some problems that could arise with the title. For instance, you might have incurred a mechanics lien from a contractor who claims he/she has not been paid. Or you might have a judgment placed on your house due to unpaid taxes, homeowner dues, or child support for instance. The lender needs reassurance that the title to the property they are financing is clear, and that there loan has first priority.

If it has been no more than 10 years since you bought your house or refinanced, ask for a reissue or discount rate. Discounts are not available in every state and you might have to meet some criteria to be eligible, so be sure to ask.

I'm buying a newly built home, do I need title insurance?
Construction of a new home raises special title problems for the lender and owner. You may think you are the first owner when constructing a home on a purchased lot. However, there were most likely many prior owners of the unimproved land. A title search will uncover any existing liens and a survey will determine the boundaries of the property being purchased. In addition, builders routinely fail to pay subcontractors and suppliers. This could result in the subcontractor or supplier placing a lien on your property. Again, lenders want to be sure the property has clear title, and that their loan has first priority. Purchasing owner's title insurance will protect you against these potential problems and pay for any legal fees involved in defending a claim.