Title Insurance

CONCERN: A solicitor's opinion does not indemnify the home buyer if the opinion is incorrect but reasonable.

i.e., the home buyer is not indemnified if a problem that could not be identified at closing is identified later.

A Title insurance policy is designed to cover:

- the unpredictable or undetectable such as forgery, fraud, missing heirs

- defects in title such as conflicting interests or ownership of the land

- mortgages or other encumbrances affecting title or the marketability of the title

- compliance risks, such as, non-compliance with restrictive covenants, the existence of work orders & major encroachments

- access-related problems, such as, the absence of a legal right of access to the home

Title insurance may eliminate the need for an up-to-date survey.

Mortgage lenders, including CMHC, are encouraging the purchase of Title Insurance.

Courtesy of: OREA News & Views, November 1997


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1/6/08