Contract4Deed
Glossary

recording

Title Insurance

An insurance policy that protects buyers and lenders against losses from defects in title that existed but were unknown at the time of purchase.

In depth

Title insurance is a one-time premium paid at closing that protects the policyholder against losses from undiscovered title defects, including forged deeds, missing heirs, undisclosed liens, and recording errors. Owner's policies protect the buyer; lender's policies protect the lender or seller-financier. Misconception: title insurance is not the same as a warranty deed; it pays cash for losses, while a warranty deed gives a contract claim against the grantor. Practically, in seller-financed deals, both the buyer and the seller-as-lender should obtain policies. The buyer's policy is sized to the purchase price; the lender's policy to the loan amount. Title insurance is regulated state by state, with rates often set by statute. Always read Schedule B exceptions carefully; they list what is not covered.

Educational content only. Definitions reflect typical usage in US owner-finance and FSBO transactions; statutes and case law vary by state. Consult a licensed real-estate attorney for fact-specific guidance.