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Title insurance vs abstract

Red Robin

Well-known member
Joined
Apr 23, 2005
Messages
4,377
Location
8 mi S.E. of Harrison, Ar.
I guess this might be too boring of a topic but I personally think title insurance isn't worth the paper it's wrote on. Just another profit center for the lender. Any comments? Sandhusker you want to straiten me out? At least with an abstract I can know who's owned it and have some sense of what's likely went on with a place over the years, plus I like to see who owned a property and when just for nostalgia I guess.
 
Red Robin said:
I guess this might be too boring of a topic but I personally think title insurance isn't worth the paper it's wrote on. Just another profit center for the lender. Any comments? Sandhusker you want to straiten me out? At least with an abstract I can know who's owned it and have some sense of what's likely went on with a place over the years, plus I like to see who owned a property and when just for nostalgia I guess.

What bothers me is you pay a lawyer to put together an abstract and then have to pay for title insurance in case he made a mistake?

What's wrong with this picture?

I spent a whole year in a county courthouse a few years back doing title research on some "Heir" property in my Dad's family. In order to trace ownership back, extensive geneaology work was required because the lawyers couldn't figure it out. Said it couldn't be done.

I finally got it figured out with about 100 heirs. Most of them just quit claim deeded their portion to me because of all the work and I still was in the hole with expenses at the end with 92 acres. :roll:


Hadn't been surveyed since 1892 either........................... :roll:
 
Mike said:
Red Robin said:
I guess this might be too boring of a topic but I personally think title insurance isn't worth the paper it's wrote on. Just another profit center for the lender. Any comments? Sandhusker you want to straiten me out? At least with an abstract I can know who's owned it and have some sense of what's likely went on with a place over the years, plus I like to see who owned a property and when just for nostalgia I guess.

What bothers me is you pay a lawyer to put together an abstract and then have to pay for title insurance in case he made a mistake?

What's wrong with this picture?

I spent a whole year in a county courthouse a few years back doing title research on some "Heir" property in my Dad's family. In order to trace ownership back, extensive geneaology work was required because the lawyers couldn't figure it out. Said it couldn't be done.

I finally got it figured out with about 100 heirs. Most of them just quit claim deeded their portion to me because of all the work and I still was in the hole with expenses at the end with 92 acres. :roll:


Hadn't been surveyed since 1892 either........................... :roll:
You couldn't just advertise and quiet title? Surveying is another nuisance.
 
Red Robin said:
Title insurance just guarantees claims against recorded transactions right? What if someone holds a mortgage that's unrecorded? The insurance doesn't warrant against that.

An unrecorded mortgage ain't worth the paper it's written on here.
 
Mike said:
You couldn't just advertise and quiet title?

No. Advertise where? All over the country?

There must be a bonafide effort (beyond advertising) to contact all the heirs.
Never been in on an heir type transaction. The only advertised title I am familiar with was where there was a joint ownership of a church in the 1800's and then in the 1950's the sole remaining denomination advertised for a clear title and was granted one. They advertised locally. They declared title to the center of the creek as well as the remaining boundaries. They traded some water rights in the 70's for additional land from a church member. I bought the land and the grand kids now recently said that the church didn't own to the center of the creek to give the water rights. The abstract showed proper documentation (abstract drawn in the 70's) but the recent title insurance didn't find it. They weren't very happy with me even though the court ordered declaration was from the 50's and all of it was well documented . I don't think they ended up mad but they didn't like it. They weren't using it anyway and neither do I but I can if I want to.
 
I didn't know anyone updated abstracts any more.

The title insurance premium is paid to a title insurance company, not the lender. Around here it is based on a search of anything recorded in the county court house that has an affect of the title of the property.
 
Richard Doolittle said:
I didn't know anyone updated abstracts any more.

The title insurance premium is paid to a title insurance company, not the lender. Around here it is based on a search of anything recorded in the county court house that has an affect of the title of the property.
Does the lender not make a profit from the sale of the insurance? Title searches don't always find everything recorded.
 
Red Robin said:
Richard Doolittle said:
I didn't know anyone updated abstracts any more.

The title insurance premium is paid to a title insurance company, not the lender. Around here it is based on a search of anything recorded in the county court house that has an affect of the title of the property.
Does the lender not make a profit from the sale of the insurance? Title searches don't always find everything recorded.

In my experience, the lender has nothing to do with the actual sale of the title insurance. They buy a lender's policy to protect their mortgage interest. The title insurance company does a search and discloses any title deficiencies in their commitment to insure. The insurance is there to protect any deficiencies that they don't find.
 
fulton said:
The lender makes no money what-so-ever on the title insurance policy.


Lender's fees are an additional profit center for the lender and can vary tremendously between one institution and another. These are the fees to move the loan forward to closing such as getting an appraisal of the home, title insurance, flood certifications, etc. One lender may charge as little as $250 for an appraisal and another may charge $350. A credit report may be as high as $70 or as low as $15. A line by line comparison between lender's fees will show you which lender's profit center is higher. Mortgage brokers can also be known to pad these fees, so be careful. Higher lender fees mean you will need to bring more cash to closing.

http://realtytimes.com/news/anpages/19980511_rates.htm
 
Oh, I definitely agree that lenders have plenty of fees involved with a loan closing. However, things like flood certifications, appraisals, and title insurance are services they generally need to have someone else do for them. I'm not saying that it's not possible for them to pad that actual cost. Lenders thrive on fee income.
 

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