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Title Insurance

Title Insurance

Title insurance is indemnity insurance against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage liens. It is meant to protect an owner’s or a lender’s financial interest in real property against loss due to title defects, liens, or other matters. The insurer will defend against a lawsuit attacking the title as it is insured or reimburse the insured for the actual monetary loss incurred, up to the dollar amount of insurance provided by the policy.

Protecting Ownership of Real Property

Title insurance is indemnity insurance against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage liens. It is meant to protect an owner’s or a lender’s financial interest in real property against loss due to title defects, liens, or other matters. The insurer will defend against a lawsuit attacking the title as it is insured or reimburse the insured for the actual monetary loss incurred, up to the dollar amount of insurance provided by the policy.

McCormick Barstow helps title insurance and escrow companies, lenders, brokers, and other professionals in the real estate community in various matters relating to title insurance, including investigating and resolving title insurance issues and claims on such issues as fraud, priority of interests, disputes regarding ownership, boundary lines, access, dower, and other title matters.

Our attorneys have additional expertise in the areas of construction lien disputes and litigation, including matters related to bankruptcy litigation related to title insurance matters.

Title insurance legal disputes can sometimes arise when title to a plot of land or real estate property is transferred from one person to another. Title insurance is often a major part of the transaction, since it provides protection for the major parties involved, such as the buyer, the seller, and loan or mortgage companies. For instance, title insurance may protect a buyer if the title has some defect or legal encumbrance.

Since many different parties are often involved in a real estate transaction, title insurance can lead to some types of legal disputes. These can vary in nature depending on the transaction, but they often involve certain legal issues that are related to the title.

Title Insurance attorneys provide services related to —

  • Fraud
  • Boundary Disputes
  • Priority Interests
  • Clouds on Title
  • Legal Description Reformation
  • Adverse Possession
  • Representation of Insureds
  • Title Defects & Curation
  • Liens
  • Indemnification
  • Subordination
  • Foreclosure Litigation

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