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TITLE INSURANCE

Title insurance is usually required by the lender to protect the lender against loss resulting from claims by others against your new home.
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.

    Under RESPA (to see more info click here http://www.hud.gov/offices/hsg/sfh/res/respamor.cfm) , 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.

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 your buyers agent) 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.

In many states title insurance premium rates are established by the state and may not be negotiable. If you are refinancing ask your title company about a reissue rate. If you are buying a newly constructed home, make certain your title insurance covers claims by contractors.
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 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.

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Last modified: 11/17/05