Chapter 7 - Title Insurance

Title insurance is quite different from other types of insurance. Why? Because unlike other forms of insurance that provide coverage for unpredictable occurrences that could possibly happen in the future (such as life, health or casualty insurance), title insurance protects the party insured from loss that results due to events that happen before the effective date of the title insurance policy.

Another important difference is that title insurance is a single premium product. This means that the buyer pays a one-time only premium for the lenders benefit on the day the policy is issued. The amount of the title policy premium is based on the amount of money that is being insured by the loan. A trust deed investor always needs a title insurance policy.






How to obtain title insurance policy

A title company will open a standard insured loan transaction, and will research the property. When it comes to researching the property, the title company will begin from the time the government conveyed the property, and then move on to the original private owner, and continue on until the title company reaches the most recent record within its database.

Once the title company has finished its examination of the property, the title agent will then share the results of the research with the investor, revealing the title condition. The report that is conducted by the title company is known as a preliminary report or a prelim. The prelim is created from an itemized list of exceptions (title facts).

When it comes to preliminary reports, the most common exceptions include:

? Casements for a variety of purposes
? Real property taxes
? Any mineral uncertainties or the right to examine for them
? Covenants
? Any encumbrances or liens that presently affect the property
? Restrictions and conditions better known as CCRs.

Policy Types

Although there are different title insurance policies, the most common ones that are used today are:

1. American Land Title Association (ALTA) This policy is generally issued to a lender who holds a deed of trust in first position.

2. California Land Title Association (CLTA) - This policy is generally issued to a lender in second position, or to the purchaser of a property.


What is insured by policies?

Although it may appear that each title insurance policy listed above appear similar, that ALTA policy is recognized as being far superior to the CLTA policy. The reason is because ALTA provides a broader range of coverage compared to CLTA. However, despite their differences, each policy works to insure some the following (Note: The list below is only a small sample of the insurance provided by these two policies):


The deed of trust that is insured is recognized as a valid an enforceable lien.

No defects, encumbrances, or recorded liens appear on the title. All that appears is what is displayed within the policy.

The right of access to and from the property

The title to the property is made marketable

Any assignment of the trust deed that is displayed in the policy is valid and enforceable.


Even though each policy works in the best interest of the investor, ALTA is still considered to be the best choice among the two, and is something you should keep in mind when selecting a policy.

Endorsements

While some properties may look similar, you need to understand that no two pieces of land are the same. Different factors associated with each lot of land such as casements, CCRs, and location, make one piece of property different from the next. And depending on the results of these factors, they can determine if there is an unpleasant effect on title clarity and even on value. Due to the fact that there are so many diverse varieties of factors, additional forms of coverage have been continuously developed in forms of endorsement.

Endorsements are very similar to the riders found in a variety of other types of insurance, and they provide coverage for precise issues that are not covered in the pre-printed title insurance policy.

Title insurance, and the process that is associated with the creation of a title insurance policy, provides the investor with an in depth examination of the property title and everything that affects it. Ultimately, title insurance gives the investor reassurance that they are involved with a safe investment.

Deed Of Trust Secured By Promissory Note

For instance, while some companies will consider themselves control companies, the actually disburse the funds directly to the owners or general contractor, without first making certain that the subcontractors and material suppliers have been paid.

Ultimately, the choice is yours. Thus, from a lenders perspective, while providing a loan may seem like a sensible transaction, due to the fact that its classified as subprime, it requires private money lending. _ Only under limited circumstances is the MLB allowed to self-deal.

5% annual yield.
Are their Precautions I should take? _ Declaration of Default (DOD) Notice of Breach (NOB) and the election to sell under the deed of trust. A closing statement will be sent to you, which describes how and to whom the documents and funds were distributed. With a lender approved draw schedule, the proceeds of the loan may be funded over a certain amount of time. _ Only two parties are involved in a mortgage document - the lender and the borrower.

Losing a note is a problem that is also quite costly.
When all is said and done, the entire foreclosure process takes approximately 110 days to complete (usually 90 days for the redemption term and 12 more for the advertising). Loans that involve the least amount of risk are those to V While most lenders will only lend 50% or less of the actual value of vacant land, it is also true that many lenders will not lend to corporations or trusts. The investor should check with the escrow agent to ensure that when the close of escrow occurs, an endorsement will follow. However, make sure you make copies of both documents, so you can have them on hand, and refer to them later for future use.