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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 insurance 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 improper or 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 are held to be equitable mortgages
  • Conveyances by an heir, devisee or survivor of a joint estate who attempts to attain title by ill-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 deceased
  • Issues of rightful possession of the land
  • Issues concerning the rightful conveyances by corporate entities
  • Deeds and mortgages by foreigners who may lack 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 their marital status
  • Claims by creditors of decedent against property improperly conveyed by heirs and devisees
  • Issues concerning unlawful takings by eminent 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 Code
  • Interests arising by deeds of fictitious parties
  • Adverse possession
  • Lack of jurisdiction or competency of persons in 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.

Source: Stewart