Legal Question in Real Estate Law in California

What are issured title policy for?

Hello,

We have an insured title policy for the note or loan which

says that the property has a clear title.

Then recently we have a MISSED deed of trust that was found.

Does the insured title policycover the note it was insured for?

Just who or what is responsible for this?

Thank You!!


Asked on 9/08/03, 10:05 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: What are issured title policy for?

First contact the entity that issued the title policy and ask questions of them. Make sure you are speaking with an individual at the title company that can answer your questions. 800-685-6950

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Answered on 9/09/03, 11:19 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: What are issured title policy for?

Title insurance is just another kind of insurance policy. There are two main uses: to protect the property owner, and to protect lenders. The protection provided is against financial loss resulting from covered defects in the title (ownership). Whether you, as lenders, can recover for losses depends upon several factors including:

(1) Whether you suffer an actual financial loss; and

(2) Whether the loss results from a title defect that was not discovered and excluded from coverage by the insurer at the time the policy was issued.

If it appears you have a legal problem which may be covered under the policy, you should bring it to the attention of the insurer.

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Answered on 9/09/03, 3:45 am


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