AmyBSells Team - Cincinnati Real Estate Blog

Amy March 21st, 2007

This is a question that often occurs during the time leading up to the closing, or while sitting in the closing room, signing your life away. As and ABR, I work hard to educate my clients to the importance of protecting your own investment, while the bank REQUIRES you to pay to protect their investment. I recommend buying title insurance to protect the money you have in the house the day you buy it, or your down payment, and to protect the equity you gain as you live and improve your homes over the years.

If something was found incorrect with the title while you have lived and owned your property, you could lose all of the equity you built, and only the principal you owe on your loan is protected, your cash investment is not. In Cincinnati and Northern Kentucky this story hits home more than other areas, when a now famous builder Bill Erpenbeck was creating major title issues. Many of the clients of Mr. Erpenbeck lost their homes which they paid cash for, due to his illegal title activities. If they would have purchased title insurance the day they closed on that loan, they would still own their homes and all the equity or cash they had in it.

Since I am asked by my clients about why they should spend another amount similar to their home owners insurance premium while they are signing their next 30 years away to principal and interest, I say “so that you are sure that all that principal you pay in over the next 30 years will be put back in your pocket when you sell! If the bank requires you to buy this for them, shouldn’t you protect yourself, in addition to the bank?”

My trusted legal adviser and local Attorney with Classic Title addresses these issues in a more formal way just below…

As memories of Erpenbeck slowly fade into the recesses of our mind, it is very easy to forget about the problems lurking in our titles and what we can do to protect ourselves and equally important, our clients.

As you may or may not know, very little protection is offered by the sellers’ deed of general warranty deed and lender’s who require no title insurance whatsoever. Of course, the only logical alternative is the owner’s policy of title insurance and what follows is a summary of some of the major things you should keep in mind:

• What makes title insurance different from other forms of insurance? Title insurance protects the policy holder from adverse things that occurred in the past unlike health, life, home and car insurance that insure against future events. That protection runs from the date the policy is issued and covers all matters of title not excepted in the policy back in time through the chain of title. (Keep in mind that under Ohio’s Marketable Title Act, defects in a chain of title older than 40 years are normally no longer considered defects)
• What makes a title defective? The limitations of space for this article do not permit me to list all of the defects that may render a title unmarketable. There could be a complete failure of title as when the deed to the present presumed “owner” is defective, such as where the grantor who executed the deed is under 18 years of age, incompetent, and signs the deed anyway. (Even the best title examiner will not normally be able to ascertain the age of the grantor from merely looking at the public record, nor the competency of the grantor (sometimes there will be an official declaration of incompetence in the Probate Court records but the signer may be from another county or jurisdiction) Or consider the case where the seller signs the deed without the spouse’s signature thereby creating a cloud on the title to the extent of the non-signing spouse’s “dower” interest.
• What types of title insurance policies are there? Essentially you will encounter two (2) types of policies: (a) lender’s or mortgagee policy which insures the lender up to the amount of the present principal balance of the loan (remember that most loan balances decrease due to normal amortization of principal(except the “interest only loans” that comprised about 30% of all loans made last year). It is this decreasing loan balance and coverage which causes the premium to be much less than the owner’s policies as the insurance company liability decreases with the loan balance. (b)owner’s policy which insures the policy holder up to the policy amount with no decrease in coverage and there are now enhanced owner’s policies which contain inflation riders so the coverage increases over time in pace with inflation. These policies are slightly more expensive as a result.
• What or who determines the cost of title insurance? All premiums are established by the individual title insurance companies (underwriters)who publish these rates with the Ohio Department of Insurance with the result that all the filed rates in Ohio are identical (meaning no title company can charge more or less for the premiums, but may charge more or less for the related services such as title exam, document preparation and closing)
• What is “simultaneous issue credit”? Remember in real estate to read the label and by doing so it is easy to remember that with this question, in Ohio, if you purchase an owner’s policy at closing or within thirty (30) days the cost of the owner’s policy is offset by the amount of the lender’s policy. Consequently, for a sum comparable to the homeowner’s warranty a buyer can get an owner’s policy of title insurance that is a one-time premium with all of the important protections offered.

Terrance R. Monnie @ Classic Title Agency, LLC
Email: Terry@ClassicTitle.com or 513-256-4779

• Buyers , Closing , Closing Documents , Real Estate Law , Sellers
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