What is an owner’s title insurance?

Jul 14, 2021

Kiritsis Law Group 212 922 0005

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

Generally, it refers to a title insurance policy, that is for the buyers’ benefit, via ensuring the full purchase price price, and it often contains an inflation endorsement. An owner’s title insurance differs from a lender’s title insurance, which is generally only for the benefit of the lender. An owner’s title insurance, would provide coverage, but is subject to exclusions for listed exceptions. It is important to note that coverage could be enhanced or minimized by the use of endorsements. The use of title insurance has commercialized and standardized the level of due diligence a buyer does, with regards to a property’s title quality. It's important to remember, that title insurance is a type of an indemnity insurance. The title insurance regime has been brought out of local governments’ fears over litigation, if they express the wrong opinion on the title quality and/or status of a real property. Another function of an owner’s title insurance policy, is that it may prevent to a certain extent legal malpractice claims against a buyer’s attorney.

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