Home buyers want to know: Why are there two title insurance fees? Is this a rip-off?
There are two types of title insurance. Simply explained:
Lender’s Title Insurance protects the lender’s money they are loaning to you. If a previous owner fails to pay taxes or other obligation, the creditor may file a lien against the property. If the previous owner has an heir who says they own a piece of the property, that could be a problem. If someone with the same name or a similar name as yours owes for back taxes, child support, has a bankruptcy, or other financial mishap, that person’s lien might get attached to your property. (It happens fairly often, especially if you have a common name.)
Lender’s Title Insurance protects the money the lender has put out for your house. As you pay down the loan, the amount of protection is reduced accordingly. When the loan is paid off, the lender’s title insurance is finished and over.
So at the point when you have complete equity in the house, lender’s title insurance no longer exists. Lender’s title insurance does not protect your equity.
Owner’s Title Insurance protects you, the new home owner. It protects your equity in the home against false liens and judgments, false and undisclosed heirs, forgery and fraud, errors and omissions.
In some states, the home buyer pays for both title insurance fees unless otherwise stated in the Purchase Agreement. In the West where I do loans (California and Washington states), the current owner/seller pays for your owner’s title insurance; and you pay for the lender’s title insurance. Since the Owner’s Title Insurance is more expensive, this is good for you, the home buyer.
As you can tell, both types of title insurance are important. I do not know of any lender that does not require Lender’s Title Insurance. I do not know of any home buyers who have been too foolish to protect their precious home equity with Owner’s Title Insurance.
So no, title insurance is not a rip-off. What is a rip-off is when title insurance companies over-charge and add a boatload of junk fees. Unfortunately, that happens a lot, and I have taken a public stand against it! As a home buyer, it is YOUR LEGAL RIGHT to shop and choose the title insurance company. It is not the right of the real estate agent nor the seller to choose; nor do they have the legal right to bully you into using the services of a title company you do not want. If you are getting coerced or pressured, please send me an email with all the details, including the name of the companies here.
I hope this information helps, and thank you for subscribing to my blog.