Insurance experts confirm that owner’s title insurance is necessary regardless if your real estate attorney assumes all associated liability after performing a title examination. Your attorney’s liability is limited to not only negligence, which does not cover or include any unexposed title issues that may be potentially harmful, but is also limited to his ability to pay.
As a result, the cost of defending against a title claim and the expense of a title loss may become the sole responsibility of a real estate purchaser, and/or mortgage lender. This is the primary cause for most lender’s requirements for the purchase of title insurance of home buyers. A new owner’s title insurance policy is also important because, previously undisclosed title problems could emerge from the past, or there may be new and developing problems, regardless that the seller owned the property for only a short time. The seller may have been divorced, become bankrupt, or agreed to an easement across the property. A new owner’s title policy will protect you against these types of problems.