While not all title policies are identical, the following risks are protected against by most policies of title insurance:

• Improperly recorded legal documents
• Documents executed under false, revoked or expired powers of attorney
• False impersonation of the true land owner
• Gaps in the chain of title
• Undisclosed heirs
• Prescriptive rights in another not appearing of record and not disclosed by survey
• Defective acknowledgements due to improper or expired notarization
• Corporate franchise taxes as liens on corporate real estate assets
• Forged deeds, mortgages, wills, releases of mortgages, and other instruments
• Deeds which appear absolute, but which are held to be equitable mortgages
• Deeds by minors
• Conveyances by an heir, devisee, or survivor of a joint estate who attempts to attain title by wrongful means
• Conveyances by undisclosed divorced spouses
• Inadequate legal descriptions
• Duress in execution of wills, deeds, and instruments conveying or establishing title
• Issues involving delivery of conveyancing instruments
• Deeds and wills by persons lacking legal capacity
• Errors in tax records
• State inheritance and gift tax liens
• Administration of estates and probate of wills of missing persons who are presumed deceased
• Issues of rightful possession of the land
• Issues concerning the rightful conveyances by corporate entities
• Legal capacity of foreign personal representatives and trustees
• Issues involving improper marital status
• Rights of divorced parties
• Improper modification of documents
• Conveyances in violation of public policy
• Misinterpretation of wills and ancillary instruments
• Deeds by persons falsely representing their marital status
• Claims by creditors of decedent against property improperly conveyed by heirs and devisees
• Issues concerning unlawful takings by eminent domain or condemnation
• Special tax assessments
• Forfeitures of real property due to criminal acts
• Conveyances and proceedings affecting rights of military personnel protected by the Soldiers’ and Sailors’ Civil Relief Act
• Issues concerning interests noted in financial statements filed under the Uniform Commercial Code
• Interests arising by deeds of fictitious parties
• Adverse possession
• Lack of jurisdiction or competency of persons in judicial proceedings
• False affidavits of death
• Federal estate and gift tax liens

Pacific-Realtors.net recommends that all buyers of real estate obtain a policy of title insurance and utilize the services of an independent escrow company.

Don't Use a Captive Escrow Company

Reasons to Use an Independent Escrow Company

Differences Between CLTA and ALTA Title Policies

Preliminary Title Reports

Pacific-Realtors.net
818-991-5200