"Title Insurance protects the buyer
or lender against any loss from liens
or defects in the title."
What Is Title Insurance?
A title insurance policy protects a real estate owner or lender against any loss or damage
they might experience because of liens, encumbrances, or defects in the title to said property,
or the incorrectness of the related search.
How Does Title Insurance Differ From Casualty Insurance?
Casualty Insurers (car, life, health, etc.) assume risk for future events, collecting
monthly or annual premiums. A title policy insures the past of the real property and the people
who owned it, for a one-time premium paid at the close of escrow.
What Does Title Insurance Cover?
Title insurance protects against claims from various defects such as another person
claiming an ownership interest, improperly recorded, fraud, forgery, liens, encroachments,
easements and other items that are specified in the actual policy.
Who Needs It?
Purchasers and lenders need title insurance to know the property they are involved
with is insured against various possible title defects. Whether it’s a sale, refinance, construction
loan...the seller, buyer and lender all benefit.
How Is A Title Policy Created?
After the escrow officer or lender opens the title order, Fidelity begins a search of the public
records including the County Recorder, Federal and State Agencies, and County and City
Offices. A Preliminary Report is issued to the customer for review and approval. All closing
documents are recorded upon escrow’s instruction. When recording has been confirmed, demands
are paid, funds are disbursed, and the actual title policy is typed and sent to the insured.
What Types Of Policies Are Available?
A standard CLTA ‘Owners’ policy insures the new owner, the home buyer and an ALTA
or CLTA ‘Lenders’ policy insures the priority of the lender’s security interest. An extended coverage
ALTA-R (residential) policy to owners of 1-4 unit property is also offered. The ALTA
Homeowner’s Policy is for owners of 1-4 unit properties as well and expands the number of covered
title risks to 29, including certain specified risks that may arise in the future. Fidelity issues
this extended coverage automatically on qualifying properties. Special Binders, Guarantees and
Endorsements are also available.
Title insurance is typically paid for by the buyer in San Mateo County and by the seller in Santa Clara County. Most banks will require that title insurance be purchased to protect their collateral - the home.