Owner's and Lender's Policy - What's the Difference?
BY
Bobbi Pronin
.
December 2, 2024
The costs associated with buying a home can be alarming to many buyers: survey fees...inspection fees...origination fees...recording fees – and insurance.
Most buyers understand the need for homeowners and hazard insurance. They know they need to be protected against potential risks such as fire, flood, or personal injury. But when it comes to title insurance, buyers frequently ask, “Why do I need to buy an owner’s policy and a lender’s policy?”
The simple answer is that title insurance is meant to protect against title issues that could threaten the financial investment in a property for the mortgage lender as well as for the buyer.
Owner’s title insurance, which lasts for as long as the buyer owns the property, protects the new owner against any threat to ownership or financial loss due to unforeseen claims made by others.
In the same way, the mortgage lender, in addition to requiring the buyer to have physical hazard insurance on their new home, requires equal protection against title hazards.
Title insurance begins with a search of public records to determine that title to the property is clear – that, among other things:
- Deeds, wills and trusts contain no incorrect names or wording
- There are no outstanding mortgages, judgments, or liens against the property
- There is no pending legal action against the property that could affect the buyer
- All notary acknowledgements are correct
But even the most careful search of records may not discover the existence of all potential title hazards, such as:
- A forged signature on the deed
- An unknown heir of a previous owner who comes forth to claim ownership
- A document executed under an expired or fabricated power of attorney
- Mistakes in the public record
Title insurance provides financial protection against all such covered title hazards, and the insurer must either clear any imperfections on title or pay valid claims – all for a one-time charge at closing.
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This material is meant for general illustration and/or informational purposes only. Although the information has been gathered from sources believed to be reliable, no representation is made as to its accuracy. This material is not intended to be construed as legal, tax or investment advice. You are encouraged to consult your legal, tax or investment professional for specific advice.
About Bobbi Pronin
Bobbi Pronin is an award-winning writer based in Orange County, Calif. A former news editor with more than 30 years of experience in journalism and corporate communications, she has specialized in real estate topics for over a decade.
Bobbi is not an employee of Anywhere Integrated Services or affiliated with its title companies.