Title Insurance Issues
Cambridge/Arlington, Massachusetts, Title Insurance Attorney
One of the keys to protecting your interest in a real estate transaction is ensuring that the title issues have been adequately addressed. At the Boston area Law Office of Joseph A. Lopisi lopisi@lopisilaw.com, I provide comprehensive legal support and responsive service to lenders, buyers, and sellers in real estate title insurance issues.
For knowledgeable legal counsel and advocacy from an experienced title attorney, contact me today. I have more than 40 years of experience successfully handling all real estate issues. I will listen attentively to your real estate law needs in a free half-hour initial consultation and provide you with excellent service to ensure your interests are protected throughout every stage of this transaction.
Title Insurance
The vast majority of lenders require that a lender’s title insurance policy be procured at the closing. This policy is included in the costs paid by the buyer. At the same time, you may elect to purchase an owner’s title insurance policy for an additional one‑time premium. This will protect your equity interest against any claims that might arise during the time you own your home.
Title Examination
After the purchase and sale agreement has been signed and financing is arranged, a full title examination must be done by the buyer’s attorney, covering at least 50 years, since many rights and obligations involving real estate continue for long periods. Some problems that may affect the title include:
- Mortgages
- Taxes
- Mechanics’ liens
- Debts of decedents estate
- Restriction on use, including zoning and conservation issues
- Bankruptcy
- Estate and federal laws
- Foreclosures
- Divorces
- Attachments and judgments
- Rights of others to use the property, including shared access rights or easements
Title examination requires understanding all the deeds, mortgages, court decrees and other documents affecting the title, considering the time sequence of transactions and events affecting the title, and applying the law and court decisions to the facts found in the title examination. Since the cost of correcting title defects is the seller’s obligation, it is important that the title examination be completed and that title defects be corrected by the seller’s attorney before the buyer takes title and possession of the property. I will perform a detailed title search and examination and ensure any issues are properly addressed before the closing.
It is possible that some defects may not be discovered in the title examination, including fraud or registry errors. A comprehensive title insurance policy will protect you against defects that go undetected.
As both a real estate attorney and a title agent for the First American Title Insurance Company, I represent both the lender and the buyer by thoroughly reviewing the title report.