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WHY DOES YOUR REAL ESTATE
NEED TO BE INSURED BY
GULF COAST TITLE PARTNERS?
You probably have several forms of insurance
already. And you undoubtedly are familiar with
insurance coverage on cars, your life and medical
bills. But title insurance?
When you buy a condominium, a home, any other
type of building or even vacant land, you must
have a complete investigation made on every aspect
of the property. Or, you may discover that the
property you bought and paid for is not actually
yours at all!
And even after the investigation, you will need
protection in the event that some point has been
missed in the public records or someone makes
a claim on the title to your property. That protection
is a title insurance policy from Gulf Coast Title
Partners.
What does it mean to insure your title to real
estate? And what are the risks that make title
insurance so necessary? This article will answer
those questions for you.
WHAT ARE THE RISKS THAT CALL
FOR SUCH PROTECTION?
Real estate has such great value and is so basic
a form of wealth that many special laws have been
enacted for its protection - so strict and far-reaching
that real estate is more strongly safe-guarded
than any other form of property.
As a result, the owner of land has exceedingly
strong rights... and so do the family and heirs
of the owner.
But others may have "rights" in the
property, as well. There are mortgages and leaseholder
rights...liens due to unpaid taxes...lien claims
to those whom the owner owes money...mining, oil
or air rights...and many others. Anyone who has
such a claim is, in a limited way, a part-owner.
He or she cannot ordinarily be deprived of their
interest except by having the claim settled or
released. The property may be sold - even without
their knowledge - but the claim is still good
until satisfied. As a new owner you may know nothing
about these risks, but you are still vulnerable
to such claims on your property. That's why you
need an insurance policy from Gulf Coast Title
Partners.
DOESN'T YOUR DEED TAKE CARE
OF GIVING YOU CLEAR TITLE?
Not at all. A "deed" is merely an
instrument whereby a seller transfers his or her
right of ownership, whatever it may be, to you.
It is not proof that the person described as the
seller is actually the owner. It does not do away
with claims or rights others may have in the property.
From the deed, you cannot determine what rights,
liens or claims may be outstanding against your
title.
WHAT IS AN ABSTRACT? DOESN'T
IT TELL ABOUT THE PROPERTY?
An abstract, which is used in some parts of
the country, is a history of the title to property
as revealed by the public records. Deeds, mortgages,
other instruments and legal proceedings which
have affected property through the years are all
included in the abstract.
If something is revealed in the abstract which
might stand in the way of a clear title, it is
up to the owner and the owner's attorney to clear
it away. If they cannot do this, it must be accepted
as a limitation on your right of ownership. Also,
it is not infrequent for matters which seriously
affect the title to be omitted in an abstract,
because they are not shown in the public records.
DOESN'T A TITLE EXAMINATION OR
ABSTRACT REVEAL ALL DEFECTS
IN THE TITLE?
It may not....simply because the public records,
from which an abstract is made, may not show everything
which affects the title. For example: Statements
in the record may be incorrect or may fail to
give important facts. There may be fraudulent
or improperly executed documents on the record.
And, there may even be ordinary clerical mistakes
which could seriously endanger the title.
In fact, a title would appear to be clear, after
the examination of the abstract, only:
If
the search made in preparing the abstract has
been thorough;
If
the facts revealed in the abstract have been correctly
interpreted;
If
no clerical errors have been made in public records;
If
claims or rights of others have been disposed
of.
Even after all these possible hazards are eliminated,
there still remain some of the most serious sources
of risk...hazards which by their very nature simply
cannot be uncovered.
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