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For example, a title defect could be an undisclosed heir of a previous owner suddenly appearing to make an ownership claim on your land. An encumbrance is a claim made upon the land by someone other than an alleged landowner.
Title Resolution When title defects are discovered, the title agent initiates a remediation process to resolve the defect and render the title clear and free.
Title insurance protects home buyers against covered title defects, such as a previous owner's debt, liens, and other claims of ownership.
Make Sure You Have Title Insurance There are two types of title insurance: lender's and owner's. Lender's title insurance is required by your mortgage company and assures them the title is cleared for sale. An owner's title insurance policy is what protects you after you buy the property.
A seller who fails to convey marketable title under a contract that, expressly or impliedly, calls for marketable title, has breached the contract. In such a case, the buyer can refuse to pay the purchase price for that land and sue the seller for whatever other damages the buyer suffered as a result of the breach.
What is a corrective deed? A corrective deed is an instrument filed in the public record in addition to the incorrect deed. It's known as a confirmatory instrument since it perfects an existing title by removing any defects, but it doesn't pass title on its own.
A warranty deed holds the seller, or grantor, responsible for any breach after the title search, even if the breach occurred without their knowledge or during a period before the grantor owned the property. It ensures that the buyer will not be responsible for any past title defects or encumbrances.
Title insurance guarantees you or your lender against losses from any defects in title that may exist in the public records at the time you purchase that property, and certain other risks described in the title insurance policy.