Why Title Insurance?....
Even the best title examination or search cannot protect your equity
from matters not appearing in public records.
A Stewart Guaranty Title policy, subject to certain limitations
set forth in the policy, can protect you from most errors, mistakes,
and/or fraud.
Here are a few reasons why you need the protection of title insurance
when you purchase real property or enter into a long term lease....
- Documents executed under false or expired powers of attorney;
- False impersonation of true land owner;
- Undisclosed heirs;
- Improperly recorded legal documents;
- Prescriptive rights in another not appearing of record and not
disclosed by survey;
- Failure to include necessary parties to certain judicial proceedings;
- Defective acknowledgements due to improper or expired notarization;
- Corporate franchise taxes as liens on corporate real estate
assets;
- Gaps in the chain of title;
- Mistakes and omissions resulting in improper abstracting;
- Forged deeds, mortgages, wills, releases of mortgages and other
instruments;
- Deeds which appear absolute, but which are held to be equitable
mortgages;
- Conveyances by an heir, devisee or survivor of a joint estate
who attempts to attain title by ill gotten means;
- Inadequate legal descriptions;
- Conveyances by undisclosed divorced spouses;
- Duress in execution of wills, deeds and instruments conveying
or establishing title;
- Issues involving delivery of conveyancing instruments;
- Deeds and wills by persons lacking legal capacity;
- State inheritance and gift tax liens;
- Errors in tax records;
- Demolition and substance building liens;
- Administration of estates and probate of wills of missing persons
who are presumed deceased;
- Issues of rightful possession of the land;
- Issues concerning the rightful conveyances by corporate entities;
- Deeds and mortgages by foreigners who may lack legal capacity
to hold title;
- Legal capacity of foreign personal representatives and trustees;
- Issues involving improper marital status;
- Improper modification of documents;
- Rights of divorced parties;
- Conveyances in violation of public policy;
- Misinterpretation of wills and ancillary instruments;
- Deeds by persons falsely representing their marital status;
- Claims by creditors of decedent against property improperly
conveyed by heirs and devisees;
- Issues concerning unlawful takings by eminent domain or condemnation;
- Special tax assessments;
- Real estate homestead exceptions;
- Forfeitures of real property due to criminal acts;
- Issues concerning adoption of children;
- Conveyances and proceedings affecting rights of military personnel
protected by the Soldier's and Sailor's Civil Relief Act;
- Issues concerning interests noted in financial statements filed
under Uniform Commercial Code;
- Interests arising by deeds of fictitious parties;
- Adverse possession;
- Lack of jurisdiction or competency of persons in judicial proceedings;
- Community property issues;
- Utility easements;
- False affidavits of death or heirship;
- Interstate estates;
- Probate matters; and
- Federal estate and gift liens.
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