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  • Writer's pictureJacqueline M. Hudkins

The Importance of Title Insurance

When purchasing a home, you are purchasing “title” to the property. This means that you have the “right” to occupy,

use and enjoy the space. However, your “right” to “title” may be limited by rights and claims asserted by others. This

can ultimately limit your use and enjoyment of the property and may result in a financial loss. Title insurance protects

against these types of losses.

Most insurance focuses on potential future events but Title Insurance protects against hazards and defects that already

exist as well as those that may arise in the future. The cost of title insurance is a one-time premium paid at closing.

Title insurance policies cover:

 Defects, liens, or encumbrances other than those that have been identified in public records

 Outstanding mortgages, judgments or tax liens against the property

 Easements that allow construction of a road or utility line

 Pending legal action against the property that could affect a purchase

 Deeds, wills and trusts that contain improper wording or incorrect names

 Incorrect notary acknowledgements

 A forged signature on a Deed

 An unknown heir of a previous owner who is claiming ownership in the property

 Instruments executed under an expired or fabricated Power of Attorney

 Mistakes in public records

Distinctions Between Standard and Enhanced Title Insurance Coverage

Enhanced Title Insurance covers losses resulting from a prior violation of covenant, condition or restriction, losses if

you are unable to obtain a building permit due to an existing violation, or losses if you are required to remove an

existing structure because it was either built without a proper building permit or it encroaches into an easement or

setback line.

Additional Benefits of Title Insurance Coverage

Title Insurance also insures that you are the true, legally recognized owner of the property, you can sell your home

without objection due to a defect in the title, and that you have a legal right to access your property from a public street

or private road. Title insurance offers financial protection against these and other hazards. Title Insurance pays all

costs, including attorneys’ fees, associated with defending an attack on title, and will either perfect the title or pay valid


Lender and Owner Title Insurance Policies

Most mortgage Lenders require Buyers to purchase a Lender’s Title Policy to protect the Lender’s financial interest in

the property and to insure the validity of its mortgage as a lien on the property. The Lender policy does not protect the

homeowner. A home owner is only protected if an Owner’s Title Policy is purchased.

Hudkins Law offers title insurance through the following carriers:

Stewart Title Guaranty

First American Title

Old Republic Title


About Hudkins Law

Hudkins Law was founded in 2006 by Jacqueline M. Hudkins. The firm provides title and settlement services for

residential and commercial real estate transactions. Each real estate transaction is managed by a team of Attorneys and

Paralegals to guarantee continuous coverage throughout the entire closing process and combines the expertise of Real

Estate, Title, Trust, Estate Planning and Corporate Attorneys to offer competitive flat fee pricing. The firm employs ten

Attorneys and ten paralegals and maintains offices in Concord NH, Hampton, NH, New London NH, Keene, NH,

Windham, NH, Norwich VT, & Andover, MA.

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