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6. Ineffective subordination agreement, causing junior lien interest to be reinstated to Priority

7. Deed recorded, but not properly indexed so as to be locatable in land records8. Undisclosed but recorded:
-Federal or state tax lien
-Judgment or spousal/child support lien
-Prior mortgage
-Notice of pending lawsuit affecting land
-Environmental lien
-Option, or right of first refusal, to purchase property
-Covenants or restrictions [with or without right of reverter]
-Easements [access, utility, drainage, airspace, view] of benefit to neighboring land
-Boundary, party wall, or setback agreements

9. Errors regarding taxes and assessments:
-Error in tax records [mailing tax bill to wrong party resulting in tax sale or crediting payment to wrong party)
-Erroneous release of tax or assessment liens, reinstated later to the tax rolls
-Erroneous reports furnished by tax officials
-Special assessments, which become liens upon passage of law or ordinance, but before recorded notice or​ commencement of improvements for which assessment is made          ·

10. Adverse claim of vendor's lien or equitable lien

11. Ambiguous covenants or restrictions in Ancient documents

12. Misinterpretation of wills, deeds, and other instruments

13. Discovery of will of supposed intestate individual, after probate

14. Discovery of later will after probate of first will

15. Claims relating to access or boundaries:
-Erroneous or inadequate legal descriptions
-Land without right of access to a public street or road
-Land with legal access subject to undisclosed but recorded conditions or restrictions
-Right of access wiped out by foreclosure on neighboring land

16. Readily apparent defects in recorded instruments
-Improper execution
-Lack of witnesses
-Incomplete or missing notarial acknowledgment
-Defective acknowledgment due to lack of authority of notary
-Forged notarization or witness acknowledgment
-Deed not properly recorded

17. Deed from grantor who is claimed to have acquired title through fraud upon creditors of a prior owner






COVERED RISKS

1. Forged deeds, mortgages, satisfactions or releases

2.   Deed from:
-Person who is insane or mentally incompetent
-Minor
-Corporation, unauthorized under corporate bylaws
-Corporation, given under falsified corporate resolution
-Partnership, unauthorized under partnership agreement
-Purported trustee, unauthorized under trust agreement.
-"Corporation" before formation or after loss of corporate charter
-Legal non-entity [i.e., styled as a church, charity or club]
-Person in a foreign country, vulnerable to challenge as incompetent,
unauthorized, or defective under foreign laws
-Predecessor in title using an alias or fictitious name


​3. Deed challenged due to:
-Execution under fraud, undue influence or duress
-Procedures not followed in a non-judicial foreclosure
-Judicial proceedings [bankruptcy, receivership, probate, conservatorship, divorce],
unauthorized by   court
-Judicial proceedings, subject to appeal or further court order
-Judicial proceedings, where all necessary parties were not joined
-Lack of jurisdiction over persons or property in judicial proceedings
-Execution by mistake [grantor did not know what was signed]
-Execution under falsified power of attorney
-Execution under expired power of attorney [death, disability or insanity of principal]

There are two types of title insurance: Owner’s Policy  an Loan Policy. Most lenders require a Loan Policy when they issue you a loan. The Loan Policy is usually based on the dollar amount of your loan. It only protects the lender's interests in the property. It does not protect the buyer. The policy amount decreases as you pay down your loan and eventually disappears as the loan is paid off.

An Owner's Policy is usually issued in the amount of the real estate purchase. It is purchased for a one-time fee at closing and lasts for as long as you have an interest in the property. Only an Owner's Policy protects the buyer should a covered title problem arise. Possible hidden title problems can include:

Fidelity is the insurance offered. Quote AA by Moody's June 6, 2018

-Delivery of deed after death of grantor or grantee, or without consent of grantor
-Execution by one, but not all grantors of community or jointly-owned property
-Undisclosed divorce of one who conveys as sole heir of a deceased former spouse
-All heirs not joined in deed affecting property of deceased person
-Missing person who later appears after administration of estate
-Conveyance by heir or survivor of a joint estate, who murdered the decedent
-Conveyances ad proceedings affecting rights of service member protected by Soldiers and Sailors Civil Relief Act

​-Conveyance void as in violation of public policy
-Deeded land including "wetlands" subject to public trust
-Deed from government entity, vulnerable to challenge as unauthorized or unlawful

​4. Ineffective release of:
-Prior satisfied mortgage due to acquisition of note by bona fide purchaser [without notice of satisfaction]
-Prior satisfied mortgage due to bankruptcy of creditor prior to recording of release [avoiding powers in bankruptcy]
-Prior mortgage of lien, fraudulently obtained by predecessor in title

5. Dispute release or prior mortgage or lien, as given under mistake or misunderstanding