Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation. Laws change over time and you should seek counsel to discuss any specific legal questions.
A real estate purchase is a very large transaction, usually one of the biggest ones most people will ever make. One critical factor that helps ensure a smooth and successful transaction is obtaining title insurance. This crucial aspect of real estate transactions provides an essential safety net for both buyers and sellers. Its role and advantages are often misunderstood, however, leading to many misconceptions. We’ve put together everything you need to know about title insurance for real estate transactions in Arizona.
Understanding Title Insurance in Arizona
Title insurance is a unique form of insurance that safeguards against potential loss from defects associated with the title of a property. Every purchase of real estate in Arizona is accompanied by not just the structure on the property but also the land and the title, of which a copy is certified and recorded at the County Recorder’s Office, per Title 33 – Property. This title represents your legal ownership and right to use the property.
Any discrepancy or “cloud” related to the history of the property title, however, can pose risks to your ownership. Here’s where title insurance in Arizona comes into play. It protects your property rights against past errors or issues that affect the title, like undisclosed liens, legal judgment, unpaid taxes, or fraud.
Why You Need Title Insurance
The main reason to have Arizona title insurance in place before you complete any real estate transaction in this state is to safeguard your investment against potential defects in the title through assurances of a clear title.
Clear title is one of the first steps in completing the research required for any residential real estate transaction in Arizona. It signifies that the property is free from liens or any legal questions regarding ownership rights. Even after conducting a thorough title search, however, certain issues might remain undetected, which may surface after the property purchase. Should these issues somehow arise, title insurance is a financial guardrail that protects the buyer from any unforeseeable legal issues that may arise in the aftermath of the transaction.
Mandatory for Lender Protection
If your property purchase involves a mortgage, your lender will require a lender’s title insurance policy. The lender wants to know that their interest in the property is also protected, should any title defects arise post purchase. It covers the lender up to the mortgage amount and remains in effect until the mortgage loan is paid off.
What’s more, title insurance also protects homeowners and lenders alike from potential legal issues that might arise, such as a past title defect or certain types of claims. This unique one-off purchase of Arizona title insurance goes even further than this, protecting your interest in the property and your rights so long as you own it.
Clear Title vs. Cloud on Title
While it’s true that the majority of properties will be free and clear from title defects, it’s not impossible for these types of claims to arise. Clear title is deemed to be free from any legal claims or defects that might arise and result in a court action about the actual ownership of the property. It’s a must-have protection method that every homeowner should carefully consider before they make a buying decision.
On the other hand, a cloud on the title refers to any unresolved issue or claim that affects the ownership of the property. It could be an unpaid debt, a lien placed by a contractor, or an error in the property deed. Any such cloud can disrupt the transfer of property rights, making the title unclear.
How to Obtain Arizona Title Insurance
The process of obtaining title insurance in Arizona involves several key steps:
Title Search
The first step towards obtaining title insurance is conducting a title search. This process involves an in-depth examination of a variety of public records to ascertain the true legal ownership of the property in question. Doing so helps ensure that there are no known issues, defects, liens or a “cloud” that may affect the validity of the title. These could include elements such as liens, easements, title fraud, or errors in public records.
Preliminary Title Report
Once the title search is complete, a preliminary title report is issued. This report outlines the current state of the title, showing liens or other encumbrances currently made against the title to the property. What’s more, it identifies the necessary conditions required for the title insurance company to underwrite and issue a policy.
Issuing the Title Insurance Policy
Upon approval of the preliminary title report, the title insurance policy is issued. It insures the policyholder for any covered losses and legal fees that may arise due to title disputes or claims. Make sure you review the contract on covered losses with a real estate attorney to address any terms, conditions, or exclusions that might present issues or cause a claim to be denied in the future.
Best Practices for Finding Title Insurance in Arizona
Title insurance costs can vary significantly among different companies. It’s advised that you take your time and compare different providers, costs and coverage allotments to find the right Arizona title insurance for your real estate transaction. A simple online search presents lots of options. Just keep in mind that working with a reputable title insurance company and officer is one of the best ways to protect every real estate transaction.
Understand the Coverage
Different title insurance policies provide different levels of coverage. Make sure to understand what’s covered and what’s excluded in your policy.
Title insurance policies are complicated and can be difficult to understand. Make sure you talk to a qualified Arizona real estate attorney in advance of buying title insurance to fully understand your needs and best protect your large investment.
When you’re wading into the waters of title insurance, it’s crucial to understand that not all policies are created equal. Each policy has its unique language, terms, and conditions, offering varying levels of insurance coverage. Here’s a quick guide to what’s typically covered and what’s not:
- Title Insurance Usually Covers:
- Defects in Title: This is the bread and butter of title insurance. It covers issues like forgery, fraud, or errors in public records that could affect your title.
- Undiscovered Liens: Sometimes a previous owner might have left unpaid debts that are attached to the property. Title insurance can cover you against these surprises.
- Encumbrances and Easements: These are rights or claims others may have on your property, like a utility company’s right to access part of your yard for maintenance.
- Legal Challenges: If someone contests your ownership based on an old will or a previously unknown heir, title insurance steps up to defend your title.
- Title Insurance Typically Excludes:
- Property Zoning Issues: If your property isn’t zoned for your intended use, title insurance usually won’t cover this.
- Environmental Regulations: Issues like wetland regulations and other environmental restrictions aren’t covered.
- Post-Purchase Matters: Events affecting the title post-purchase, like a new lien or judgment, aren’t usually covered.
- Known Defects: If you’re already aware of a title issue at the time of purchase, it’s likely not covered.
Never assume that your policy covers or does not cover anything listed above or anything you might have been told. Always read through the entire policy agreement carefully and review with a real estate attorney.
Importance of a Real Estate Attorney in Title Insurance
A real estate attorney can play a pivotal role in the process of review options and obtaining title insurance. Here are a few of the ways they can assist with title insurance for your next real estate transaction:
Provide Legal Guidance
Attorneys can provide valuable legal guidance throughout the title insurance process. They can help understand the terms and conditions of the policy, clarify the rights and obligations of the policyholder, and explain the implications of any exclusions.
Review Title Search and Preliminary Title Report
An experienced real estate attorney can meticulously review the title search results and the preliminary title report. Using their expertise, they can help find any issues and potentially even resolve before the transaction is conducted.
Advocate for Your Rights
In case of a title dispute or claim, a real estate attorney can represent your interests. They can act on your behalf with the title insurance company and even help defend your interest should a court action result.
Speak to an Attorney at Gottlieb Law
At Gottlieb Law, we pride ourselves on our comprehensive understanding of real estate law and our commitment to safeguarding our clients’ interests. We provide expert advice on all aspects of real estate transactions, including title insurance. Contact us today to explore how we can facilitate your real estate transactions in Arizona.
With a successful track record in real estate litigation and transactions, we leverage our substantial legal experience to achieve superior results for their clients. Our team of experienced attorneys, paralegals, and legal assistants provides clients with an unmatched experience. To learn more about their services, contact us online or call us at: 602-899-8188.
Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation. Laws change over time and you should seek counsel to discuss any specific legal questions.