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Welcome to a Discussion of Legal Issues Facing North Carolinians

This blog does not create an attorney client relationship. You should not rely on this information for advice. If you have a legal question you should contact an attorney.

Monday, March 11, 2013

Property Disputes & Title Insurance

 Imagine finding the house of your dreams or the perfect location to start your new business.  Imagine how excited you are to learn that you have the financing necessary to close on the property.  Then imagine that the financing falls through because you can't get title insurance on the property.  Whereas the cost for title insurance is minimal compared to the high costs of real estate, it is an expense that can mean the difference between buying that dream location versus having to find an alternate veue.

The reason this can happen is because the deed history on property can become very complex and confusing.  Over time, with properties exchanging hands multiple times, the situation worsens.  The purpose of title insurance is to ensure that you, as the purchaser, are insured against other claims to property.  Title insurance companies must be satisfied that your claim to the property is proper, or they will not grant you title insurance. 

To make you understand their rationale, imagine a driver with a long history of serious traffic accidents.  At some point he/she becomes uninsurable and auto insurers will no longer take the risk of insuring his driving.  Title insurers think similarly, but on a grander scale (The majority of traffic accidents are much less costly than real estate). Title insurers do not want to be in a positions where there is the likelihood of having to defend a lawsuit on your behalf.

Sometimes the issues preventing coverage can be solved with a simple phone call.  Sometimes a property litigation attorney is necessary to file an action to quiet title, which is a lawsuit asking the Court to declare who is the rightful owner of property. 

This blog does not create an attorney-client relationship. You should not rely upon this blog for legal advice, but instead should consult an attorney experienced in your area of concern.

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