
WHY TITLE INSURANCE
Owning real estate is one of the most precious values of freedom enjoyed in this country. When you decide to buy a new home, you want to be sure the property will be yours and that no one else will have any liens, claims or encumbrances against your home other than your agreed to mortgage.
LOAN POLICY -LENDER
A loan policy insures your lender's secutiry interest against loss due to defects in your title that were not discovered at the time of sale. The loan policy offers no protection for the homeowner.
OWNERS POLICY - HOMEOWNER
Just as lenders want security with their title policy, you should protect the equity in your new home with a title policy.
For a low one-time premium you can receive the protection of a title insurance policy against "hidden risks" or undiscovered interests. Ask your title agent for an owners policy. Your policy should be backed by the reserves and surplus of a reputable title insurance company.
THE OWNER'S POLICY PROVIDES:
- PROMTECTION FROM FINANCIAL LOSS due to covered claims that may be asserted against the title to your home, up to the face amount of the title policy.
- PAYMENT OF LEGAL COSTS if the title insurer has to defend your title against a covered claim.
- PAYMENT OF SUCCESSFUL CLAIMS against the title to your home covered by the policy, up to the face amount of the policy.
TITLE INSURANCE PROTECTION
Some common hidden risks protected under a title policy:
- FALSE IMPERSONATION of the true owner of the property by your seller or other persons formerly in title
- FORGED deeds, releases and other documents
- DEEDS BY PERSONS OF UNSOUND MIND
- DEEDS BY MINORS
- INVALID DOCUMENTS exectued under expired power of attorney
- INVALID DEEDS delivered after the death of the grantor
- DEEDS BY SUPPOSEDLY SINGLE persons but actually married
- FRAUD
- LIENS FOR UNPAID ESTATE INHERITANCE and gift taxes against prior owners of your home
- UNRECORDED EASEMENTS - rights of way
- UNDISCLOSED HEIRS of former owners of your home or the land on which it is situated
PEACE OF MIND
Once purchased, title insurance remains in effect for as long as you own your home. Title insurance adds security and peace of mind to home ownership.
SELECTING A TITLE INSURER
STEWART TITLE has earned the confidence of its customers through an unmatched record of increases in both reserves and surplus for 20 consecutive years.
STEWART TITLE is among the nations's four largest title insurers based on premium revenues. Our policies are available through more than 3,300 issuing offices worldwide.
STEWART TITLE has more than 100 years experience. You can count on our policy coverage to help you protect a v ery important asset - your home.
STEWART TITLE is a rated "A Double Prime" in claims-paying ability. This is the highest rating among all 100 title insurers rated by Demotech, Inc., a financial agency approved by the Federal National Mortgage Association.
WHY TITLE INSURANCE?
There are few things in life more important than protecting your home. The following matters are examples of why you need a Stewart Title insurance policy. Remember that the best title examination or search cannot protect your equity and home from matters not appearing in the public records. However, a Stewart Title policy* can protect you from:
- Documents executed under false, revoked or expired powers of attorney.
- False impersonation of the true land owner.
- Undisclosed heirs.
- Improperly recorded legal documents.
- Prescriptive rights in another not appearing of record and not disclosed by survey.
- Failure to include necessary parties to certain judicial proceedings.
- Defective acknowledgements due to improper or expired notarization.
- Corporate franchise taxes as liens on corporate real estate assets.
- Gaps in the chain of title.
- Mistakes and omissions resulting in improper abstracting.
- Forged deeds, mortgages, wills, releases of mortgages and other instruments.
- Deeds by minors.
- Deeds which appear absolute, but which are held to be equitable mortgages.
- Conveyances by an heir, devisee or survivor of a joint estate who attempts to attain title by illgotten means.
- Inadequate legal descriptions.
- Conveyances by undisclosed divorced spouses.
- Duress in execution of wills, deeds and instruments conveying or establishing title.
- Issues involving delivery of conveyancing instruments.
- Deeds and wills by persons lacking legal capacity.
- State inheritance and gift tax liens.
- Errors in tax records.
- Demolition and substandard building liens.
- Administration of estates and probate of wills or missing persons who are presumed deceased.
- Issues of rightful possession of the land.
- Issues concerning the rightful conveyances by corporate entities.
- Deeds and mortgages by foreigners who may lack legal capacity to hold title.
- Legal capacity of foreign person representatives and trustees.
- Issues involving improper marital status.
- Improper modification of documents.
- Rights of divorced parties.
- Conveyances in violation of public policy.
- Misinterpretation of wills and accillary instruments.
- Deeds by persons falsely representing their marital status.
- Claims by creditors of decedent against property improperly conveyed by heirs and devisees.
- Issues concerninig unlawful takings by eminent domain or condemnation.
- Special tax assessmetns.
- Real estate homestead exceptions.
- Forfeitures of real property due to criminal acts.
- Issues concerning adoption of children.
- Conveyances and proceedings affecting rights of military personnel protected by the Soldiers' and Sailors' Civil Relief Act.
- Issues concerning interests noted in financial statements filed under Uniform Commercial Code.
- Interests arising by deeds of fictitious parties.
- Adverse possession.
- Lack of jurisdiction or competency of persons in judicial proceedings.
- Community property issues.
- Utility easements.
- False affidavits of death or heirship.
- Intestate estates.
- Probate matters.
- Federal estate and gift tax liens.
* Subject to certain limitations set forth in the policy.)