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In most
communities, it is common for the seller to provide you, at the seller's
expense, with an owners title insurance policy in connection with your
home purchase. Your contract should make this a requirement.
A commitment
to issue this insurance policy is furnished to your attorney prior to
closing. It will show who owns the property, what liens or other matters
affect the seller's ownership (such as mortgages, unpaid taxes or
judgment), as well as any easements, building restrictions, set-back
lines or other matters of record which affect the property. Your
attorney will review this title commitment and require that the seller
clear up any items which are not permitted by your contract and which
would adversely affect your ownership rights.
After
closing, you will be issued an owners title insurance policy, which
insures your ownership rights subject to the terms of the policy. If you
are obtaining financing to purchase the property, your lender will
require that the title company issue, at your expense, a title policy
insuring the validity of your lender's mortgage. This is commonly called
a loan policy or mortgage policy. It insures only the lender's interest
and does not take the place of the owners policy issued to you.
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