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What is title insurance and do I actually need it?

SHORT ANSWER

Title insurance protects against defects in a property's ownership history — forged deeds, unknown heirs, unpaid liens. Lenders require their own policy; the optional owner's policy is the one that protects you.

Unlike most insurance, title insurance is a one-time premium covering the past, not the future: problems that already exist in the chain of title but surface later. There are two policies at closing. The lender's policy is required by your mortgage company and protects only the lender. The owner's policy — optional in most states, and the one buyers actually decide on — protects your equity against covered title defects for as long as you own the home. Skipping it saves a few hundred to a couple thousand dollars once; a surfaced lien or ownership claim without it can cost the house.

What to do, in order

  1. Read the preliminary title report or commitment — the exceptions list shows what the policy will NOT cover.
  2. Ask about the "enhanced" vs "standard" owner's policy; the coverage difference is real.
  3. In some states premiums are regulated; in others, shop — prices vary meaningfully.
  4. Ask who customarily pays (buyer vs seller) in your state — it's negotiable in the contract.
  5. Keep the policy forever; claims can arise decades later.

Common questions

The seller just bought title insurance two years ago — do I still need my own?

Yes. Their policy doesn't transfer to you, and it doesn't cover anything that happened during their ownership — including liens they created.

Does title insurance cover boundary disputes?

Standard policies often exclude survey matters; enhanced policies and a new survey close much of that gap. Check the exceptions page, not the brochure.

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Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.