Title Insurance

Through our affiliated company, CT Land Services Company, we can conduct the settlement of your home purchase and provide title insurance as an agent for First American Title Insurance Company. Using our services gives you the benefit of an experienced real estate attorney throughout the process, something that is not true of many other settlement companies.

• What Is Title Insurance?
• 72 Ways to Lose Your Property Without Title Insurance
• Our Fees

What Is Title Insurance?

Title insurance is a contract that protects an owner and a mortgage lender against losses arising through defects in the title to real estate. The title insurance company agrees to provide the owner and mortgage lender with a legal defense of the title if the validity of the title as insured is challenged. Your real estate purchase may be the largest single investment you will ever make. It is essential that the title to the property be examined to determine whether there are any liens, encumbrances or other potential defects in the title, and that your title is insured against those defects and other defects that do not appear in the public records. A common misconception is that a review of the records at the Recorder of Deeds Office is sufficient protection. This is not the case. Title insurance provides protection above and beyond an examination of the public records.
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The following is a list of 72 title defects that a title insurance policy will protect against:

1. Forged deeds, mortgages, satisfaction or releases.
2. Deeds by person who is insane or mentally incompetent.
3. Deeds by a minor (may be disavowed.)
4. Deeds from corporation, unauthorized under corporate bylaws or given under falsified corporate resolutions.
5. Deeds from partnership, unauthorized under trust agreement.
6. Deeds from purported trustee, unauthorized under trust agreement.
7. Deed to or from purported trustee, unauthorized under the trust agreement.
8. Deeds from legal nonentity (styled for example, as a church, charity or club).
9. To challenge as incompetent, unauthorized or defective under foreign law.
10. Claims resulting form the use of a "alias " or fictitious name style by processor in title.
11. Deed challenged as being given under fraud undue influence or duress.
12. Deed following nonjudicial foreclosure, where requires procedure was not followed.
13. Deed affecting land in judicial proceedings (bankruptcy, receivership, probate, conservatorship, dissolution of marriage), unauthorized by court.
14. Deed following judicial proceedings, subject to appeal or further court order.
15. Deed following judicial proceedings, where all necessary parties were not joined.
16. Lack of jurisdiction over persons or property in judicial proceedings.
17. Deeds signed by mistake (grantor did not know what was signed.)
18. Deed executed under falsified power of attorney.
19. Deed executed under falsified power of attorney.
20. Deed apparently valid, but actually delivered after death or grantor to grantee, or without consent of grantor.
21. Deed affecting property purported to be separate property of grantor which is fact community or jointly owned property.
22. Undisclosed divorce of one who conveys as sole heir of a deceased spouse.
23. Deed affecting property of deceased persons joining all heirs.
24. Deed following administration of estate of missing person, who later reappears.
25. Conveyance by heirs or survivor of a joint estate, who murdered the descendant.
26. Conveyances and proceedings affecting the rights of service members protected by the Soldier and Sailors Civil Relief Act.
27. Conveyance void as in violation of public policy (payment for contract to commit crime or conveyance made in restraint of trade).
28. Deed to land including "wetlands" subject to public trust (vesting title in government to protect public interest in navigation, commerce, fishing and recreation.)
29. Deed from government, entity, vulnerable to challenge as unauthorized or unlawful.
30. Ineffective release of prior satisfied mortgage due to acquisition of not by bona fide purchaser (without notice of satisfaction).
31. Ineffective release of prior satisfaction mortgage die to bankruptcy of creditor price to recording of release (avoiding powers in bankruptcy ).
32. Ineffective release of prior mortgage or lien , as given under mistake or misunderstanding.
33. Disputed release of prior mortgage or lien, as given under mistake or misunderstanding.
34. Ineffective subordination agreement, causing junior interest to be reinstated to priority.
35. Deed recorded, but not properly indexed so as to be located in the land records.
36. Undisclosed but recorded federal or state tax lien.
37. Undisclosed but recorded judgement or spousal / child support lien.
38. Undisclosed but recorded prior mortgage.
39. Undisclosed but recorded notice of pending lawsuit affecting land.
40. Undisclosed but recorded environmental lien.
41. Undisclosed but recorded option or right of first refusal, to purchase property.
42. Undisclosed but recorded convents or restrictions with (or without) rights of reverter.
43. Undisclosed but recorded easements (for access, utilities, drainage, airspace, views, benefitting neighboring land.
44. Undisclosed but recorded boundary, party wall to setback agreement.
45. Errors in tax records (mailing tax bill to wrong to wrong party resulting in tax sale, or crediting payment to wrong property.)
46. Erroneous release of tax assessment liens, which are later reinstated to the tax rolls.
47. Erroneous reports furnished by tax officials ) not binding local government).
48. Special assessments which become liens upon passage of law or ordinance, but before recorded notice or commencement of improvements for which assessment is made.
49. Adverse claim of vendorâs liens.
50. Adverse claim of equitable liens.
51. Ambiguous covenant or restrictions in ancient documents.
52. Misinterpretation of wills, deeds and other instruments.
53. Discovery of will of proposed intestate individual, after probate.
54. Discovery of late will after probate of first will.
55. Erroneous or inadequate legal description.
56. Deed to land without a right of access to a public street or road.
57. Deed to land with legal access subject to undisclosed but recorded conditions or restrictions.
58. Right of access wiped out by foreclosure in neighboring land.
59. Patent defects in recorded instruments (for example, failure to attach notarial acknowledgment or legal description).
60. Defective acknowledgment due to lack of authority of notary acknowledgment taken before commission or after expiration of commission.
61. Forged notarization or witness acknowledgment
62. Deed not properly recorded (wrong county, missing pages or other contents, or without required payment.
63. Deed from grantor who is claimed to have acquired title through fraud upon creditors of a prior owner.
64. Deed to be purchased from one who has previously sold or leases the dame land ro a third part under a unrecorded contract, where the third party is in possession of the premises.
65. Claimed prescriptive rights, not of record and not disclosed by survey.
66. Physical location of easement (underground pipe or sewer line) which does not conform with easement of record.
67. Deed to land with improvements encroaching upon another land.
68. Incorrect survey (misstating location, dimensions, area, easements or improvements upon land).
69. "Mechanicsâ liens" claims (securing payment of contractors and material supplies for improvements) which may attach without recorded notice.
70. Federal estate or state inheritance tax liens ( may attach without recorded notice).
71. Preexisting violation of zoning ordinances.
72. Preexisting violation of conditions, covenants and restrictions affecting the land.

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Our Fees

Fees for title insurance are regulated by the Pennsylvania Insurance Department and are based upon the fair market value of the property you are purchasing or, in the case of refinancings, the amount of your new mortgage. If title insurance is being provided for a residential settlement, the all-inclusive fee will be the filed insurance rate in effect at the time of settlement. There will be no additional fee for the title examination, settlement or legal services provided in connection with a residential settlement.