How Residential Title Insurance Indemnifies Against Risk
Marc Rovner is an East Rockaway, New York-based attorney who works with BETA Abstract LLC, where he informs legal operations at the title insurance business. Among Marc Rovner’s activities in the East Rockaway area is providing continuing legal education in the area of title insurance and real estate law. Attorney Marc Rovner was also recently awarded the 2019 Martindale-Hubbell Client Champion Award for the fifth consecutive year.
As described by the National Association of Insurance Commissioners, title insurance is a type of indemnity policy that offers mortgage lenders and home buyers with protection in case unknown defects arise in the property title, during or after a real estate transaction closing. This backward focus is unlike standard policies that look toward future events, such as life or home insurance.
Issues protected against by title insurance include things like outstanding liens and unpaid taxes associated with a prior owner of the property. Another area of protection is encumbrances such as fraud, forgery, omissions in deeds, and record mistakes that can present a challenge to the right of ownership for the new owner.
The complexities inherent in property ownership, over periods extending decades, means that nearly every lender requires that any home buyer taking out a mortgage must purchase a title insurance policy. This policy covers an amount equivalent to the loan and indemnifies both the buyer and lender against risk.