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FSBO Midwest

An Owner’s Title Insurance Policy is your best protection against potential defects that can remain hidden despite the most thorough search of public records. A Lender’s Title Insurance Policy also exists to protect your mortgage lender’s interest.

For a one-time premium, a title company will agree to reimburse you for covered losses suffered due to undetected defects that existed prior to the issue date of a title policy, up to the amount of the policy. Unless specifically excluded, a title policy also provides for legal defense costs.

A Title Insurance Policy protects you against potential defects such as:

Forged deeds, mortgages, satisfactions, or releases

Deed by person who is mentally incompetent

Deed by person in a foreign country, vulnerable to challenge as incompetent, unauthorized, or defective under foreign laws

Deed challenged as being given under fraud, undue influence or duress

Deed signed by mistake (grantor did not know what was signed)
Deed executed under falsified power of attorney

Undisclosed divorce of one who conveys as sole heir of a deceased former spouse

Deed affecting property of deceased person, not joining all heirs

Deed recorded but not properly indexed so as to be locatable in the land records

Undisclosed but recorded federal or state tax lien

Undisclosed but recorded judgment or spousal/child support lien

Undisclosed but recorded prior mortgage

Undisclosed but recorded boundary, party wall, or setback agreements

Misinterpretation of wills, deeds, and other instruments

Discovery of later will after probate of first will

Erroneous or inadequate legal descriptions

Deed to land without a right of access to a public street or road

Forged notarization or witness acknowledgment

Deed not properly recorded (wrong county, missing pages or other contents, or without required payment)

Deed to a purchaser from one who has previously sold or leased the same land to a third party under an unrecorded contract, where the third party is in possession of the premises