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What is Title Insurance and Why Do I Need It?

What is Title Insurance?

Title insurance is a type of protection for homeowners and lenders against financial loss due to defects in a property’s title. The title of a property represents legal ownership, and before a home is sold, a title search is conducted to ensure there are no outstanding claims, liens, or legal issues associated with the property. However, undiscovered title defects can sometimes arise even after a thorough search, which is where title insurance comes in.

Why Do You Need Title Insurance?

  1. Protects Against Ownership Disputes
    • If someone else claims they have a legal right to your property due to a past owner’s mistake or fraud, title insurance helps cover legal costs and protects your ownership.
  2. Covers Undiscovered Liens and Encumbrances
    • Sometimes, unpaid debts such as tax liens, contractor liens, or unpaid mortgages can surface after you purchase the property. Title insurance ensures you are not held responsible for these past debts.
  3. Defends Against Errors in Public Records
    • Clerical errors, mistakes in legal descriptions, or fraudulent activity in past transactions can create title issues that are only discovered later. Title insurance corrects these issues and covers legal expenses.
  4. Required by Mortgage Lenders
    • If you are taking out a mortgage, most lenders require lender’s title insurance to protect their investment in case title issues arise. While lender’s insurance covers the bank, a separate owner’s title insurance policy protects you, the homeowner.
  5. One-Time Cost for Lifetime Protection
    • Unlike other types of insurance, title insurance is a one-time payment at closing that provides coverage for as long as you own your home.

Types of Title Insurance

  • Owner’s Title Insurance (Protects the homeowner from title defects)
  • Lender’s Title Insurance (Protects the mortgage lender from title-related financial losses)

Title insurance is an essential safeguard that protects your homeownership from unforeseen title defects, legal disputes, and financial liabilities. Whether required by a lender or purchased voluntarily, having title insurance gives you peace of mind knowing your property rights are secure.

Contact Us

Drummond & Drummond, LLP
One Monument Way
Portland, ME 04101

Phone: 207.774.0317
Fax: 207.761.4690