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Securing Title Services
Title insurance is usually required by the lender to protect the lender
against loss resulting from claims by others against your new home. In
some states, attorneys offer title insurance as part of their services
in examining title and providing a title opinion. The attorney's fee may
include the title insurance premium. In other states, a title insurance
company or title agent directly provides the title insurance.
Owner's Policy. A lender’s title insurance policy does not protect
you. Similarly, the prior owner’s policy does not protect you. If
you want to protect yourself from claims by others against your new home,
you will need an owner's policy. When a claim does occur, it can be financially
devastating to an owner who is uninsured. If you buy an owner's policy,
it is usually much less expensive if you buy it at the same time and with
the same insurer as the lender's policy.
Choice of Title Insurer. Under RESPA, the seller may not require you,
as a condition of the sale, to purchase title insurance from any particular
title company. Generally, your lender will require title insurance from
a company that is acceptable to it. In most cases you can shop for and
choose a company that meets the lender’s standards.
Review Initial Title Report. In many areas, a few days or weeks before
the settlement or closing of the escrow, the title insurance company will
issue a "Commitment to Insure" or preliminary report or "binder"
containing a summary of any defects in title which have been identified
by the title search, as well as any exceptions from the title insurance
policy’s coverage. The commitment is usually sent to the lender
for use until the title insurance policy is issued at or after the settlement.
You can arrange to have a copy sent to you (or to your attorney) so that
you can object if there are matters affecting the title which you did
not agree to accept when you signed the agreement of sale.
Coverage & Cost Savings. To save money on title insurance, compare
rates among various title insurance companies. Ask what services and limitations
on coverage are provided under each policy so that you can decide whether
coverage purchased at a higher rate may be better for your needs. However,
in many states, title insurance premium rates are established by the state
and may not be negotiable. If you are buying a home which has changed
hands within the last several years, ask your title company about a "reissue
rate," which would be cheaper. If you are buying a newly constructed
home, make certain your title insurance covers claims by contractors.
These claims are known as "mechanics’ liens" in some parts
of the country.
Survey. Lenders or title insurance companies often require a survey to
mark the boundaries of the property. A survey is a drawing of the property
showing the perimeter boundaries and marking the location of the house
and other improvements. You may be able to avoid the cost of a complete
survey if you can locate the person who previously surveyed the property
and request an update. Check with your lender or title insurance company
on whether an updated survey is acceptable.
Source: HUD
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