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A
policy of title insurance is a contract of indemnity between the
insured and the insuring company relating to the title to the
land described in the policy, protecting the insured against
loss of damage by reason of defects, liens or encumbrances of
the insured title existing at the date of the policy and not
expressly excepted from its coverage.
The policy is issued after a complete search and examination of
the public records and shows the condition of the record title,
including any money obligations outstanding against the
property, easements and other matters which may affect the
rights of ownership, possession and use of the property.
Title insurance protects the "record" title, insuring
it is good subject only to the exceptions expressly set out in
the policy. lt also insures against certain matters which do not
appear of record, such as forgery, identity of parties,
incompetence of former owners, interest of missing heirs, and
status of individuals not having the "right" to sell
property.
There are different types of policies. Owners policies are
issued to real estate owners. Purchasers policies are issued to
purchasers of real estate under contract. Mortgage policies are
issued to mortgage companies. In addition there are several
other special forms of policies. There is a type of policy to
meet the requirements of almost any form of real estate
transaction.
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