What Does Title Insurance Not Cover?

Last updated: February 6, 2024

KEY TAKEAWAYS

Title insurance is a unique insurance policy that covers potential risks related to the title or legal ownership of a property; unlike other forms of insurance that protect American homeowners from future events, title insurance safeguards against events that occurred in the past, which could potentially affect your ownership rights.

Types of Title Insurance

There are mainly two types of title insurance: owner’s title insurance, which protects the property owner, and lender’s title insurance, which safeguards the interests of the mortgage lender.

What Does Title Insurance Cover?

  • Protecting Property Rights: Title insurance covers several potential issues, including undisclosed heirs, legal action against the property that could affect your ownership, and errors or omissions in deeds.

  • Mitigating Risk of Unknown Liens and Encumbrances: An effective title insurance policy protects against unknown liens, easements, or encumbrances that may have been placed on the property and not disclosed at the time of purchase.

What Does Title Insurance NOT Cover?

Pre-Existing Conditions

  • Undiscovered Wills: If an unknown will surfaces that legally transfers property ownership to another individual, your title insurance policy may not cover this.

  • Forged Documents Before Your Ownership:Title insurance doesn’t cover issues arising from forged documents created before you took ownership of the property.

Post-Policy Events

  • Disputes Arising After the Policy Date: Any legal disputes about the property that arise after the policy’s effective date are typically not covered by title insurance.

  • Liens or Issues That Arise After Purchasing the Property: Any new liens or issues that occur after you’ve purchased your home and got your title insurance are not covered by the policy.

Reading and Understanding Your Policy

Understanding what is and is not covered by your title insurance policy can prevent unpleasant surprises. Always read your policy thoroughly and ask for clarification when needed.

Communicating with Your Insurer

If you have doubts about your title insurance policy, it’s paramount that you communicate directly with your insurer. They are best equipped to explain your policy specifics. 

The complexities of title insurance make it more important to maintain an open line of communication with your insurer, as they can provide the guidance needed to navigate the intricacies. Don’t hesitate to reach out and clarify doubts or seek advice – this could save you from substantial future complications.

Frequently Asked Questions 

1. What does title insurance cover? 

Title insurance generally covers undisclosed heirs, legal actions affecting ownership, and errors or omissions in deeds.

2. Who needs title insurance? 

Both property owners and mortgage lenders typically need title insurance to protect their interests.

3. Can you buy title insurance after closing? 

Yes, but it’s generally advisable to get it during the home-buying process to avoid potential risks.

4. Does title insurance cover property boundaries? 

Some title insurance policies may cover disputes over property boundaries, but this varies by policy and location.

5. Is title insurance a one-time payment? 

Yes, title insurance typically involves a one-time premium paid at closing.

Conclusion

It’s crucial to understand what your title insurance policy covers and, more importantly, what it doesn’t. A thorough understanding can save you from potential financial and legal pitfalls in the future.Additionally, consider securing personal property insurance to comprehensively protect your assets.

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