Friday, 22 April 2011

A Title Insurance Expert Witness Can Guard Your Property Rights

By Mavis Randolph


The term 'title insurance' was first used over 100 years ago, and described a way to protect the rights of property owners. In cases involving a property dispute, a title insurance expert witness can be a friend or foe depending on which side they represent.

All real estate sales processed through a mortgage lender must include a title insurance policy. Realtors encourage buyers to obtain this type of protection. By paying a one-time premium, a buyer, private or public, can assure coverage. Not all states require the same covered instances, but a professional can speak on all subjects, such as coverage details, legal requirements, property records, and ownership conveyance. Among the services provided by the specialist are in-depth analysis, report preparation, deposition response, and sworn testimony.

Property disputes can arise for many reasons, and challenge an owner's rights. Coverage in some states can protect an owner from disagreements about an easement or property line. The discovery of inflated appraisals, and other types of fraud or forgery, which are common today, can affect a pending sale. The policy should clearly state which situations will be covered to protect the owner from financial jeopardy. Professionals with expertise in property rights are versed in all types of coverage.

All property deeds are required to be recorded and stored at the city or count recorder's office. Liens, easement agreements, and name changes should also be legally documented. Next-of-kin, tribal representatives, contractors, tax authorities, or judgment holders may choose to have legal documents attached to the deed records. It is important that an expert have knowledge of all sorts of documents.

Documents kept in the recorder's office contain property information history, including surveyed boundaries. Boundary changes must also be reported. Conflicting data can possibly be found in older property records, due to inconsistent reporting methods, and a professional will be able to sort out the discrepancies.

All recorded property history should include the names of prior legal owners, along with other pertinent data. If compliance to government regulations has not been met, the professional should be able to discover this by conducting a thorough analysis. This chain-of-title will be thoroughly checked for misleading, erroneous, or missing information.

An attorney preparing to defend a property owner's rights, or the rights of a challenger, may wish to employ the services of a title insurance expert witness. A well-trained professional's expertise can make the difference between success or failure when it comes to facing a judge or arbitration panel.

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