Foreclosures and Title Insurance

You will be protected from mortgage lenders’ haphazard foreclosure procedures with title insurance. In spite of the fact that title insurance is required by mortgage lenders, many title insurance companies are reevaluating how they cover foreclosed homes.

As a foreclosure owner or consumer, title insurance is complicated, especially in terms of rules and regulations. Let’s take a closer look at six helpful title insurance questions.

1. What is title insurance?

Indemnity policies for title damage and legal claims protect homeowners and mortgage lenders.

Title insurance can be divided into two types. Property owners generally refer to title insurance as owner’s policy. Lenders refer to title insurance as a Loan Policy.

2. How does title insurance protect me?

Owner’s Policies protect the property owner and are issued in the amount of the real estate purchase.

The lender’s policy protects the lender from claims and is based on the amount of the mortgage loan. With each payment of the mortgage loan, the lender’s policy amount decreases.

Title insurance for a home owner protects against any discrepancies such as:

Mistakes or oversights in any legalities

Errors in investigative records

Falsifications

Undisclosed successors

3. What are the foreclosure protections?

Owners who have title insurance are protected from defective foreclosures. Title insurers are responsible for defending you in court. In cases where the title company’s records are inaccurate, the title must be defended in court regardless of errors made by previous mortgage service providers.

The title insurer needs to provide an endorsement stating that the insurer will cover the insured’s legal defense costs if a lawsuit is filed regarding the foreclosure.

4. Will I be able to get title insurance?

There is a dispute over whether foreclosure homebuyers can obtain title insurance. Whether you buy from a bank or through a courthouse depends on your situation. The title insurance companies rely on banks to provide indemnification to them.

5. What are the risks when buying a foreclosure?

You can purchase a foreclosure in two ways. The first is through the judicial system and the second is through real estate owned (REOs), which are foreclosed properties.

An REO sale is similar to a traditional purchase, but the house has gone through foreclosure. When it comes to securing title insurance, courthouse foreclosure sales are riskier than REO sales.

Having title insurance in place before buying the property is difficult because it goes through the auction process. Coverage might not be available if there is a problem with the title search.

The REO title insurance process is much better than the judicial process. It takes away the risk and provides easy access to title insurance.

6. Are there concerns having purchased a foreclosure?

If you purchase a foreclosure, you need not worry. According to experts, courts will not start handing back homes to former owners due to flawed foreclosure procedures. However, claims may be filed.

An owner’s policy is helpful if former owners claim to still have some unrecorded equity in the property. Courts typically accept this argument. As the new owner, the judge will ensure you keep your money and remain in your home. Fraud is the only incident that would warrant returning the home to the previous owner. In such extreme cases, the purchase should be restored to the site before the deal is completed.

Particularly when purchasing a foreclosure, title insurance is imperative. If you are buying a home, you should have a copy of your title insurance policy and read it carefully. It is important to read Schedule B, which explains what is not covered by the title company.