WHAT DOES TITLE INSURANCE PROTECT YOU FROM?
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:
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Documents executed under false, revoked or expired powers of attorney
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False impersonation of the true land owner
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Undisclosed heirs
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Improperly recorded legal documents
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Prescriptive rights in another not appearing of record and not disclosed by survey
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Failure to include necessary parties to certain judicial proceedings
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Defective acknowledgements due to improper or expired notarization
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Corporate franchise taxes as liens on corporate real estate assets
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Gaps in the chain of title
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Mistakes and omissions resulting in improper abstracting
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Forged deeds, mortgages, wills, releases of mortgages and other instruments
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Deeds by minors
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Deeds which appear absolute, but which are held to be equitable mortgages
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Conveyances by an heir, devisee or survivor of a joint estate who attempts to attain title by ill-gotten means
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Inadequate legal descriptions
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Conveyances by undisclosed divorced spouses
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Duress in execution of wills, deeds and instruments conveying or establishing title
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Issues involving delivery of conveyancing instruments
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Deeds and wills by persons lacking legal capacity
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State inheritance and gift tax liens
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Errors in tax records
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Demolition and substandard building liens
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Administration of estates and probate of wills of missing persons who are presumed deceased
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Issues of rightful possession of the land
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Issues concerning the rightful conveyances by corporate entities
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Deeds and mortgages by foreigners who may lack legal capacity to hold title
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Legal capacity of foreign personal representatives and trustees
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Issues involving improper marital status
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Improper modification of documents
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Rights of divorced parties
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Conveyances in violation of public policy
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Misinterpretation of wills and ancillary instruments
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Deeds by persons falsely representing their marital status
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Claims by creditors of decedent against property improperly conveyed by heirs and devisees
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Issues concerning unlawful takings by eminent domain or condemnation
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Special tax assessments
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Real estate homestead exceptions
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Forfeitures of real property due to criminal acts
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Issues concerning adoption of children
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Conveyances and proceedings affecting rights of military personnel protected by the Soldiers’ and Sailors’ Civil Relief Act
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Issues concerning interests noted in financial statements filed under Uniform Commercial Code
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Interests arising by deeds of fictitious parties
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Adverse possession
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Lack of jurisdiction or competency of persons in judicial proceedings
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Community property issues
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Utility easements
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False affidavits of death or heirship
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Intestate estates
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Probate matters
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Federal estate and gift tax liens
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*Subject to certain limitations set forth in the policy.