Arizona Title Insuance for Residential Real Estate

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  • Gary Scott
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  • John Hall & Associates
  • 9366 E. Raintree Dr. #101
    Scottsdale, AZ 85260

Article

Scottsdale Real Estate - Phoenix Real Estate

What is Title Insurance and Why do I need it?

Title Insurance comes in two forms

Title insurance companies provide
       Title Insurance.  
Title insurance is an insurance policy that guarantees the property title is free from the problems of hidden liens and claims. The title insurance company searches public records for the property to make sure there are no problems in the title's ownership and history. The fee for title insurance is usually included in the itemization of closing costs from the lender and is a one-time fee.

The Two Policies Issued are:

A Lenders policy - purchased by the buyer
An American Land Title Association (ALTA) policy is a title insurance policy that insures against losses that can be suffered in the transfer of title through the purchase of a property.  The most basic purpose of an ALTA policy is to guarantee that the lender has a valid lien that is enforceable.
An ALTA policy is required by most institutional lenders in order to protect their interests against loss.
The lender's policy protects the lender's interest in the property up to the face amount of the loan.  It covers errors made in connection with the title search conducted for the specific transaction and any prior defects in title.  The lender's policy is purchased by the
buyer and is usually required as a condition of the loan
However, the lender's policy does not protect the buyer from any title claims.  The policy remains in effect for the period of the loan, so if the property is sold or refinanced, a new lender's policy likely will be required
Basic Lender's Title Policy Coverage:
  •  Mechanic's liens and unrecorded liens
  • Unrecorded easements and access rights
  •  Defects and other unrecorded documents

 An Owner's policy -  purchased by the Seller

The owner's policy protects the buyer's interest in the property from any claims with regard to title up the amount of the purchase price of the property.  Like the lender's policy, it protects against errors made in connection with the title search conducted for the specific transaction and any prior defects in title.  The owner's policy is purchased by the seller.  Unlike the lender's policy, however, the policy remains in effect indefinitely (even if the property is refinanced or sold).   

Basic Owner's Title Policy Coverage:

  • Clear title to the property
  • Incorrect signatures on documents
  • Forgery, fraud
  • Defective recordation
  • Restrictive covenants
  • Encumbrances or judgments
Extended Owner's Coverage:
  • Building permit violations from previous owners
  • Subdivision maps
  • Covenant violations from previous owners
  • Living trusts
  • Structure damage from mineral extractions
  • Variety of encroachments and forgeries after title insurance is issued
 

For additional information regarding Arizona Real Estate,

please send direct e-mail request to GaryandClaudia@cox.net

or call our Toll Free Number ,

866-464-2140

or fill out our Contact Request Form
   

                

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