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Reasons To Purchase Title Insurance


  • Forged deeds, mortgages, satisfaction or releases of mortgages and other instruments.
  • False Impersonation of the true owner of the land or of his consort.
  • Deeds by persons of unsound mind.
  • Deeds by minors.
  • Deeds not properly delivered.
  • Deeds which appear to convey title but are really mortgages.
  • Instruments executed under fabricated or expired power of attorney (death or insanity of principal).
  • Outstanding prescriptive rights not of record and not disclosed by survey.
  • Descriptions apparently but not actually adequate.
  • Duress in execution of instruments.
  • Deeds apparently valid but actually delivered after death of grantor or grantee. Or without consent of grantor.
  • Corporation franchise taxes as lien on all corporate assets, notice of which does not have to be recorded in the local recording office.
  • Failure to include necessary parties in judicial proceedings.
  • Federal estate and gift tax liens.
  • State inheritance and gift tax liens.
  • Ineffective waiver of t~x liens by tax or other governing authorities repudiated later by successors.
  • Errors in tax records. (For example, listing payment against wrong property).
  • Erroneous reports furnished by tax officials, but not binding on municipality.
  • Tax homestead exemptions set aside as fraudulently claimed.
  • Interests arising by deeds to fictitious characters to conceal illegal activities on the premises.
  • Lack of capacity of foreign personal representatives and trustees to act.
  • Deeds from nonexistent entities.
  • Deeds in lieu of foreclosure set aside as being under duress. (No Powers to convey-Acts beyond the scope of the powers of a Corporation).
  • Ultra vires (No authority to act upon) deeds given under falsified corporate resolution.
  • Conveyances and proceedings affecting rights of servicemen protected by Soldiers and Sailors Civil Release Act.
  • Federal condemnation without filing of notice (Federal law does not require filing of notice of taking in local recording office).
  • Deeds from record owner of land where he has sold property to another purchaser on unrecorded land contract and the purchaser has taken possession of premises.
  • Detective acknowledgment due to lack of authority of notary, (Acknowledgment taken before commission or after expiration of commission).
  • Deed of property recited to be separate property of grantor which is in fact community or joint property.
  • Lack of a legal right of access to and from the property.
  • Matters affecting title whose origins existed before the period of title examination and which have not prescribed by operation of law.
  • Deeds by persons apparently single but actually married.
  • Deed from bigamous couple--prior existing marriage in another jurisdiction.
  • Undisclosed divorce of spouse who conveys as sole heir of deceased consort.
  • Undisclosed heirs.
  • Misinterpreted of wills, deeds and other instruments.
  • Birth or adoption of children after date of will.
  • Children living at date of will but not mentioned therein.
  • Discovery of will of apparent intestate.
  • Administration of estates and probate of wills of persons absent but not deceased.
  • Conveyance by heir, devisee or survivor of a joint estate who murdered the decedent.
  • Deed from trustees of purported business trust which is in fact a partnership of joint stock association.
  • Deed of executor under Non-Intervention Will when order of solvency has been fraudulently procured or entered, (Executor is not authorized to settle and distribute the estate).
  • Deed to or from corporations before incorporation of after surrender of forfeiture of charter.
  • Claims of creditors against property conveyed by heirs or devisees within prescribed period after owner's death.
  • Mistakes in recording legal documents. (For example, incorrect indexing, errors and omissions in transcribing and failure to preserve original instruments).
  • Record easement, but erroneous ancient locations of pipe or sewer line which does not follow route of granted easement.
  • Special assessments where they become lien upon passage of resolution and r before recordation or commencement of improvements for which assessed
  • Lack of jurisdiction of persons in judicial proceedings.
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