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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. Twenty-five percent of title searches find a title problem that
is fixed before the insurance is issued. Some examples of items that
can cause a problem are: deeds, wills and trust that contain improper
information; outstanding judgments or tax liens against the property;
and easements. Title companies fix the problems then issue the title
insurance.
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 forged deeds could
cloud the title. Owner's title insurance offers financial protection
against these by negotiating with third-parties, and paying claims and
the legal fees involved in defending the title.
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