Title Insurance

No, I do not sell title insurance it can be bought either directly through the insurance company, but most people get it through the lawyer on closing when they buy a house.

So why am I writing about it?

Well I was at an interesting seminar yesterday given by a lawyer who made some really interesting points about getting title insurance and he highlighted why it is so cheap.

Given that I mostly write about money things let me get to that part first.  The big thing is that it is not like other insurance, there are no ongoing payments it is a one time purchase and it covers you for as long as you own the house.  The cost does vary depending on the value of the home, but it is still pretty cheap.  If you get it when you buy your home the net cost is actually around $100 for an average home.  The reason I use the term net it because it can be higher than that, but when you get it it means the lawyer does not have to make a few searches which you would have to pay for if you decide against buying the insurance.

We know it is cheap but what does it do?


Well with luck, like any insurance, you will never need it, but for those who do it is probably the best buy of their lives.  It can save a fortune in legal costs, time and hassle and just straight up money.  The big things it can protect you from are title or mortgage fraud.

Title fraud is when someone assumes your identity, or forges a power of attorney and then sells your house/property without your knowledge.  The buyer is almost always a legitimate buyer, but clearly you did not sell the property, the problem then is the fight in court to get it back with all the associated costs.  Under Bill 152 you cannot loose your property to fraud but you still have to go to court to get access to the public restitution process.

Mortgage fraud is similar, someone takes on your identity and puts a mortgage on your property and walks away with the money and you are on the hook for the debt.  The first sign of this having happened for most people is when they get a letter in the mail thanking them for their mortgage business.   If you get this letter and did not do a new mortgage recently then do not ignore it you have a battle ahead.

In both cases the title insurance company takes care of everything.  They fight the battle to reclaim the title and with the mortgage they pay it off and then deals with the fallout.

The people who are most vulnerable, but anyone with a property is a potential target, are the more expensive houses (the fraudster can get a bigger mortgage) and people who go away for long periods during the year.

Other nice aspects include:

•  It eliminates the need to update the survey on the property if a neighbour builds on your property or there are other related issues the insurance company takes care of things.

• It covers you in a purchase situation if the vendor, who has committed to paying the taxes or the water bill etc.  fails to do so and you find out after the completion of the sale.

I used to think that if I had a mortgage or a line of credit on the house that this would protect me, but I understand now that the fraudster would pay out any of those loans, and just take out the bigger mortgage and take the difference.  It made me want to go back and check to see if I had the insurance.

If you have bought a home recently then the odds are your lawyer discussed title insurance with you, but if you bought it a long time ago chances are you do not have it and if not you might want to revisit the idea.