Why Title Insurance
25 DEFECTS IN TITLE THAT COULD DEFEAT YOUR OWNERSHIP INTEREST
1. Forged deeds, mortgages, satisfactions, or releases
2. Deed by person who is insane of mentally incompetent
3. Deed by minor (may be disavowed)
4. Deed from corporation, unauthorized under corporate by-laws or given under falsified corporate resolution
5. Deed from purported trustee, unauthorized under trust agreement
6. Deed to or from a “corporation” before incorporation, or after loss of corporate charter
7. Deed from a legal nonentity (styled, for example, as a church, charity, or club)
8. Deed challenged as being given under fraud, undue influence, or duress
9. Deed affecting land in judicial proceedings (bankruptcy, receivership, probate, conservatorship, dissolution of marriage) unauthorized by court
10. Deed following judicial proceedings subject to appeal or further court order
11. Lack of jurisdiction over persons or property in judicial proceedings
12. Deed executed under falsified power of attorney
13. Deed apparently valid, but actually delivered after death of grantor or grantee, or without consent of grantor
14. Deed affecting property of deceased person, not joining all heirs
15. Ineffective release of prior mortgage or lien, as fraudulently obtained by predecessor in title
16. Deed recorded but not properly indexed so as to be locatable in the land records
17. Undisclosed but recorded federal or state tax lien
18. Undisclosed but recorded prior mortgages
19. Undisclosed but recorded notice of pending lawsuit affecting land
20. Erroneous release of tax or assessment liens, which are later reinstated to the tax rolls
21. Adverse claim of vendor’s lien
22. Misinterpretation of wills, deeds, and other instruments
23. Erroneous or inadequate legal descriptions
24. Forged notarization or witness acknowledgment
25. Federal estate or state inheritance tax liens (may attach without recorded notice)