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The title insurance business is an indispensable component of the real
estate and mortgage finance business. Unlike a life insurance or property
and casualty company, which will assume risk in return for a premium, the
title insurance company and its agents will work with parties to eliminate
all known risks prior to completing the transaction. This process of risk
elimination is one of the most important services a title insurance company
and its agents provide. A buyer or a mortgage lender needs to know that the
seller or borrower is telling them the truth about what they own. Lenders
and their investors need to know that they have a legally enforceable mortgage.
A policy of title insurance eliminates many financial and legal risks inherent
in even the simplest real estate transaction.
In addition to paying for any loss caused by errors it makes in searching
the public records or in interpreting what it found, the title insurance company
will pay any attorney fees incurred in defending the title. There are also many
risks such as fraud and forgery which are covered by a title policy. Generally,
the policies remain in force for as long as the insured owns the real estate
interest covered in the policy and certain aspects of the coverage continue beyond
ownership.
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