Title Insurance - Why do you need it?

As a homebuyer you are probably familiar with the term "Title Insurance". But do you understand why you need it? What is your dollar actually paying for when you purchase a Title policy?

Title insurers, unlike property or casualty insurance companies operate under the theory of risk elimination. Title companies spend a high percentage of their operating income each year collecting, storing, maintaining, and analyzing official records for information that affects title to real property. Their technical experts are trained to identify the rights of others may have in your property, such as recorded liens, legal actions, disputed interests, rights of way, or other encumbrances on your title. Before closing your transaction, the title company will proceed to "clear" those encumbrances that you do not wish to assume.

The theory is different from that of most other insurance where, for example, rates and anticipated losses are based on actuarial studies and premiums are polled on the assumption that a certain number of claims will be made. This distinction is important; title insurance premiums are paid to identify and eliminate potential riks and claims before they happen. For example, medical and casualty insurance premiums are paid to insure against an unpredictable future event, knowing that risk exist and claims will occur. Futhermore, Title Insurance involves a one-time premium paid when you close the real estate transaction, but property, casualty and medical insurance require renewal premiums.

The goal of title companies is to conduct such a thorough search and evaluation of public records that no claims will ever arise. Of course, this is impossible, for we live in an imperfect world where human error and changing legal interpretations make 100 percent risk elimination impossible. When claims arise, professional claims personnel are assigned to handle them according to the terms of the insurance policy.

Title companies' rates are filed with the California Department of Insurance, and each company is required to publicly post its schedule of fees. As in all competitive business environments; rates vary from company to company. Your real estate professional can help you do this. In addition, there are many helpful customer services provided by title companies which help you and your real estate professional may find helpful to your transaction.

The issuance of a title insurance policy is highly labor intensive. It is based upon the maintenance of a title "plant", or library of title records, in many case dating back over a hundred years. Each day, recorded documents affecting real property and property owners are posted to these title plants so that when a title search on a particular parcel is requested the information is already organized for rapid and accurate retrival. In California, most of the large counties have been converted to computer-based title plant systems. These provide retrieval from remote locations, further speeding the process of delivering the title search to the customer. This investment in skilled personnel and advanced data processing represents a major part of the title insurance premium dollar.

Proper title plant maintenance, research, evaluation, and legal interpretation are the foundations upon which a title policy rests. That is where most of your dollar goes, and that is the source of your protection and peace of mind as a homeowner in California.