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
claims.
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 https://www.stewart.com/en.html
First American Title http://www.firstam.com/
Old Republic Title http://www.oldrepublictitle.com/newnational/Index.asp
CATIC https://catic.com/
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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