F.A.Q.

Title insurance is extremely important when you are purchasing real estate.  Your title insurance policy protects you against any potential unforeseen claims against the title of your property, such as:

• False impersonation of the true property owner
• Deeds by persons supposedly single who are in fact married
• Documents executed under invalid or expired power of attorney
• Undisclosed or missing errors in a property search
• Liens for unpaid taxes and municipal charges
• Forged deeds, releases, or wills
• Errors in recording legal documents
• Misinterpretation of wills
• Deeds by persons of unsound mind
• Deeds by minors

In summary, a title search is the retrieval of documents evidencing the events that took place during the history of the land which determines interest and regulations concerning that property.  It begins with a county search which confirms the property has been conveyed properly throughout the years and also confirms the seller has the right to sell.  Additionally, it confirms liens recorded at the county level which must be satisfied prior to conveyance (IE:  mortgages, municipal liens, federal tax liens, etc.).  The county search will also confirm restrictions or allowances pertaining to the use of the land.  Once the county records are examined, there are additional searches performed which are all dependent upon what the county records reveal. 

Your title insurance policy protects you for as long as you retain the interest in a property.  It will pay to defend you from any potential lawsuit brought against you or the property.  Simply stated, the title insurance company will resolve the title issue, or they will pay for the loss. You will have peace of mind knowing that our agency won’t cut corners as we always act in the best interest of you, the insured.

Through our agency title insurance is issued only after a careful examination of the searches obtained.  But, even the most thorough review of a property search cannot fully guarantee the absence of title hazards.  If that were the case, title insurance wouldn’t exist. Not all circumstances get disclosed in a title search, such as these common hidden risks which could cause loss of title or create an encumbrance on your property: 

• False impersonation of the true owner of the property
• Forged deeds, releases, or wills
• Undisclosed or missing heirs
• Instruments executed under invalid or expired power of attorney
• Misinterpretations of wills
• Deeds by persons of unsound mind
• Deeds by minors
• Deeds by persons supposedly single who are in fact married
• Liens for unpaid estate, inheritance, income, or gift taxes
• Fraud

In most cases, your real estate agent, lender, or the asset manager in a foreclosure situation will want to choose your title agent for you.  This is where we say “buyer beware”!  In New Jersey, it is the buyers choice to select their own title agency and it is against the law for any entity involved in the transaction to coerce you to use a specific title agent (especially if they are benefiting financially).  At minimum, we suggest you call upon SJSA so that we can walk you through the process and the many ways in which having someone selecting your title agency for you could perhaps not be in your best interest.  Property searches can be very complex, therefore, you want to work with a company who has your best interest at hand vs the entities selling and/or benefiting financially.