News from Canada's Mortgage Experts
Category: Buying a Home
What is Title Insurance?
Thursday, May 21, 2009
Posted by: Mike Stagg
Merix Financial is one of the many lenders that we use to help find the best rates, terms and conditions for our clients.
Merix distributed this email (see below) recently to mortgage agents to pass along to clients that had questions regarding Title Insurance...the MonsterMortgage.ca team feels that this is a pretty good definition of Title Insurance.
What is "Title?"
“Title” is a word lawyers use to describe the right of ownership to land. When you purchase a home, title is transferred to you, the new home owner.
What is Title Insurance?
Title insurance is an insurance policy that protects you, the home owner, against challenges to the ownership of your home or from problems related to the title to your home. The policy provides coverage against losses due to title defects, even if the defects existed before you purchased your home. A title defect is a problem with the title which prevents free and clear ownership. There are many types of defects such as rights of way, encroachments (from neighboring properties), unpaid liens, etc.
Title insurance is generally purchased when you buy your home or when you refinance it, although it can be purchased any time after you buy your home. You will only make one premium payment when you first buy the insurance.
Title insurance policies protect you for as long as you own the property. It protects against a number of risks that a solicitor’s opinion on title may not cover. These risks include:
- Fraud and forgery, including someone taking your title through fraud or forgery.
- Encroachments that would be disclosed by a new survey (for example, a neighbors’ deck being partly on your land).
- Easements (the right acquired for access to or over another person's property for a specific purpose, such as for a driveway or public utilities. This is referred to as "servitude" in the Province of Quebec) over the property that would be disclosed by a new survey.
- Zoning non-compliance (i.e. where the property use does not meet the local municipal by-laws).
- Someone other than the home owner having interest (i.e. a previous owner of the property not being discharged from title).
If you have any questions regarding Title Insurance, feel free to contact MonsterMortgage.ca at 416-480-0234 or e-mail the MonsterMortgage.ca team at Info@monstermortgage.ca




