Title Insurance
A policy of title insurance is a contract of indemnity
between the insured and the insuring company relating to the title to
the land described in the policy, protecting the insured against loss
of damage by reason of defects, liens or encumbrances of the insured title
existing at the date of the policy and not expressly excepted from its
coverage.
The policy is issued after a complete search and examination of the public
records and shows the condition of the record title, including any money
obligations outstanding against the property, easements and other matters
which may affect the rights of ownership, possession and use of the property.
Title insurance protects the "record" title, insuring it is
good subject only to the exceptions expressly set out in the policy. lt
also insures against certain matters which do not appear of record, such
as forgery, identity of parties, incompetence of former owners, interest
of missing heirs, and status of individuals not having the "right"
to sell property.
There are different types of policies. Owners policies are issued to
real estate owners. Purchasers policies are issued to purchasers of real
estate under contract. Mortgage policies are issued to mortgage companies.
In addition there are several other special forms of policies. There is
a type of policy to meet the requirements of almost any form of real estate
transaction.