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There are times when problems occur with a property title that are unclear or inadvertently overlooked in public records and the title search process. An Owner’s Policy of Title Insurance protects the buyer in these unfortunate proceedings.

Owner’s Title Insurance or more commonly known as an Owner’s Policy is normally supplied in the value of the property purchase. A onetime fee is charged at closing and extends throughout ownership of the property. The buyer is fully protected with an Owner’s Policy should an issue surmount with the title.

There are several possible hidden title problems that may occur such as undisclosed heirs. Acuity explains such an example in the following story and will continue to share potential tales over the course of August.

Conflicting Wills

An Owner’s Policy of Title Insurance can be the saving grace especially during times of family conflict. An example of such a case resides in the following case.

After purchasing a residence, the excited new homeowner was startled when the brother of the seller claimed ownership. He demanded a substantial amount of money due to his argued ownership interest. The case was brought to probate court where disclosure revealed that the late mother of the brother wrote in a deed that the house was his. The written deed was placed in the brother’s drawer and never recorded at the courthouse. The deed was discovered twenty years later by the brother who now filed the deed and claimed his homeownership.

The probate court decision granted permission to remove the property from the late mother’s estate and the brother and homeowner who resided in the home after the mother’s death. The brother with the deed from his drawer appealed probate judgment and claimed the mother intended the house for him and not his sibling.

The court appeal was upheld and the once excited new owner lost the house and significant financial loss. The saving grace was the Owner’s Policy of Title Insurance purchased during sale of the home from the original brother. The title insurance company paid the claim, legal fees, and additional defense charges.

Stay tune for next week’s blog that shares another account of a common title insurance problem.
Acuity National Real Estate Solutions, LLC provides its clients the best of both worlds-old-fashioned professional excellence supplemented by the cutting edge technology necessary for an optimized process and smooth, speedy transactions. In today’s market, you need an agile title and closing partner that can still keep its feet on the ground. To learn more about Acuity’s services, contact us at https://ftgclosings.com/support.

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