Your Realtor for Life!
Kelly Barnhart

Title Insurance Protection

What does title insurance protect you from? A lot.

There are few things in life more important than protecting your home. The following matters are examples of why you need a Title insurance policy. Remember that the best title examination or search cannot protect your equity and home from matters not appearing in the public records. However, a Title policy* can protect you from:

• Documents executed under false, revoked or expired powers of attorney

• False impersonation of the true land owner

• Undisclosed heirs

• Improperly recorded legal documents

• Prescriptive rights in another not appearing of record and not disclosed by survey

• Failure to include necessary parties to certain judicial proceedings

• Defective acknowledgements due to improperor expired notarization

• Corporate franchise taxes as liens on corporate real estate assets

• Gaps in the chain of title

• Mistakes and omissions resulting in improper abstracting

• Forged deeds, mortgages, wills, releases of mortgages and other instruments

• Deeds by minors

• Deeds which appear absolute, but which areheld to be equitable mortgages

• Conveyances by an heir, devisee or survivor ofa joint estate who attempts to attain title byill-

gotten means

• Inadequate legal descriptions

• Conveyances by undisclosed divorced spouses

• Duress in execution of wills, deeds and instruments conveying or establishing title

• Issues involving delivery of conveyancing instruments

• Deeds and wills by persons lacking legal capacity

• State inheritance and gift tax liens

• Errors in tax records

• Demolition and substandard building liens

• Administration of estates and probate of wills of missing persons who are presumed


• Issues of rightful possession of the land

• Issues concerning the rightful conveyancesby corporate entities

• Deeds and mortgages by foreigners who maylack legal capacity to hold title

• Legal capacity of foreign personal representatives and trustees

• Issues involving improper marital status

• Improper modification of documents

• Rights of divorced parties

• Conveyances in violation of public policy

• Misinterpretation of wills and ancillary instruments

• Deeds by persons falsely representing theirmarital status

• Claims by creditors of decedent against property improperly conveyed by heirs and devisees

• Issues concerning unlawful takings byeminent domain or condemnation

• Special tax assessments

• Real estate homestead exceptions

• Forfeitures of real property due to criminal acts

• Issues concerning adoption of children

• Conveyances and proceedings affecting rights of military personnel protected by the

Soldiers’ and Sailors’ Civil Relief Act

• Issues concerning interests noted in financial statements filed under Uniform Commercial


• Interests arising by deeds of fictitious parties

• Adverse possession

• Lack of jurisdiction or competency of personsin judicial proceedings

• Community property issues

• Utility easements

• False affidavits of death or heirship

• Intestate estates

• Probate matters

• Federal estate and gift tax liens


*Subject to certain limitations set forth in the policy.