Buying a Pennsylvania home or commercial lot means you acquire its legal history along with the property itself. To prevent these issues, title insurance protects building or land transactions so they go much more smoothly. 

This article explains what title insurance is, why you need it and what it covers. Whether you’re new to the property market or a seasoned buyer, this article offers proactive information to protect your investment.

What Is Title Insurance in Real Estate?

Title insurance protects lenders and buyers from financial losses stemming from a property’s past title issues. The legal ownership of a commercial or residential property is known as the “title.” 

The property title grants the owner the right to use or transfer ownership to another person. A title search before the closing of a property transaction identifies issues in the property’s history, such as fraud or unpaid liens, stemming from a previous owner’s debt. 

While a title search aims to identify all prior history, it cannot guarantee the discovery of all potential title defects. Therefore, title insurance protects you from these hidden problems after you take ownership. 

Homeowners Insurance vs. Title Insurance

It’s easy to confuse title insurance with homeowners insurance. However, while both are valuable, they serve distinct purposes: 

  • Homeowners insurance offers protection against various circumstances that may affect your property, such as physical damage from hurricanes or theft.
  • Title insurance protects against legal issues arising from the property’s past ownership, such as competing claims or recording errors.

Is Title Insurance Necessary?

Although title insurance is not legally required, it’s highly recommended. If a title search fails to uncover all prior property history, title insurance safeguards against unwelcome surprises. Here are the reasons to obtain title insurance: 

  • Shield against undisclosed heirs: Title insurance helps cover potential legal costs if an undisclosed heir of a previous owner comes forward to claim ownership of the property.
  • Safeguards from clerical mistakes: Mistakes with paperwork, including wills and deeds, may cause significant issues in determining the rightful ownership of your property. Title insurance provides financial protection against errors. 
  • Protects against invalid documentation: It covers issues arising from inaccurate legal descriptions or misfiled paperwork that may surface later.
  • Overall peace of mind: Title insurance gives you overall peace of mind to protect your investment from financial and legal challenges. 
What Does Title Insurance Cover?

What Does Title Insurance Cover?

Title insurance coverage can depend on the type of policy you take out and the endorsements you add. However, Pennsylvania policies largely follow the same template. Explore the policy types below:

Difference Between Owner’s and Lender’s Policies

Title insurance offers two policy types: 

  1. The owner’s policy covers the property owner’s rights and is paid for by a one-time payment. An owner’s policy remains in effect until there is new ownership.
  2. The lender’s policy provides coverage for mortgage lenders and protects a lender’s financial investment and not a homeowner’s equity.

Inclusions of Title Insurance

Overall, title insurance generally protects for the following:

  • Gaining access to and from your property.
  • Unpaid real estate taxes from prior owners.
  • Fraudulent title documents.
  • Competing claims of property ownership.
  • Inaccuracies with legal documentation.
  • Encumbrances against your property.

Exclusions of Title Insurance

Before purchasing a policy, it’s crucial to review the title insurance exclusions, such as:

  • No coverage for environmental hazards.
  • Land use and zoning restrictions.
  • Government regulations on property use. 
  • Liens created by you as the new homeowner.

What Is a Title Insurance Endorsement?

When taking out a title insurance policy, you have the option to add endorsements and extend your coverage for specific areas. For example, you may include an endorsement that covers boundary disputes or zoning violations. Here are some common endorsements to consider:

  • Planned community: This is specific to common interest communities (CICs).
  • Boundary or survey: This offers further protection against boundary disputes and encroachments.
  • Zoning: This endorsement protects zoning classifications.

It’s important to note that the endorsements you choose can depend on underwriting and transaction requirements.

How Much Is Title Insurance?

The Pennsylvania Insurance Department regulates title insurance prices. Because the state sets base rates, your premium for a specific coverage amount and type will remain the same regardless of your insurance provider. However, total title insurance premiums can differ based on various factors.

Property Value and Loan Amount

Whether you obtain an owner’s or lender’s policy, the cost depends on the property’s value, the mortgage amount and approved Pennsylvania rates. Additional factors include whether the property is residential or commercial, policy endorsements, and eligibility for refinancing.

Average Costs to Pay

Although property value carries significant weight in determining premium costs, an owner’s policy may cost anywhere from a few hundred to a few thousand dollars. Title insurance typically requires just one up front payment to cover your property. 

How to Save Title Insurance Costs

Despite state rate regulations, you can save on title insurance costs. One way is to inquire about refinance rates. You may receive a discounted rate if you’re refinancing.

Furthermore, purchasing both a lender’s and an owner’s policy simultaneously can save costs compared to buying them separately. Strategic selection of endorsements can also help reduce costs by only choosing relevant add-ons.

Who Pays for Title Insurance?

Generally, the buyer pays the one-time title insurance premium. However, payment responsibility can vary between buyer and seller. Typically, the buyer pays for a lender’s policy to cover the lender’s financial investment. With an owner’s policy, the seller can agree to cover the premium, depending on the transaction agreement. 

Your Title Insurance Glossary

Acquiring title insurance comes with a host of jargon that may appear off-putting. To help you, as buyers or sellers, navigate title insurance with confidence, refer to the following glossary:

  • Closing: Sometimes known as the “settlement,” the closing finalizes the title insurance process by signing documents and distributing funds.
  • Encumbrance: An encumbrance may limit the use of your home or commercial property and includes various elements like liens and easements. 
  • Underwriter: The underwriter is the title insurance company that issues and financially backs your title insurance policy, assessing risk and managing claims.
  • Title commitment: This document from your title insurance company outlines the inclusions and exclusions of your policy before signing. 
  • Lien: This is a legal claim against the property you’re buying. Liens are preferably resolved before the settlement stage and can include debt such as unpaid taxes. 
  • Easement: Typically recorded in public records, an easement can allow another party to access the property for a specific purpose.
  • Settlement agent: This individual organizes and prepares closing documents, as well as facilitates funding. A settlement agent may also be your real estate attorney. 
  • Reissue rate: Your insurance provider may offer a reissue rate if your property already has a title insurance policy attached. 
Protect Your Investment With Title Insurance

Protect Your Investment With Title Insurance

At Johnson Duffie, our dedicated team ensures you receive a reliable title insurance policy through our affiliated company’s vast experience in the sector.

We’re proud to represent sellers and buyers and aim to provide a seamless experience in helping you buy a property. Ready to discuss your title insurance needs? Contact our attorneys today to schedule a consultation.