What is ?Title??
The word ?title? is a legal term that means you have
legal ownership of property. You obtain title to property
when the owner signs the deed (transfer document) over to you. Title is
then registered in the government?s land registration system.
What is Title Insurance?
Title insurance is an insurance policy that protects residential or commercial
property owners and their lenders against losses related to the property?s
title or ownership.
Do I Really Need Title Insurance?
Title insurance is not a requirement in Ontario. The decision on whether
or not you should purchase title insurance should be discussed with your
lawyer, title insurance company or insurance agent/broker, to fully
understand what type of protection title insurance can provide you, and
to determine if other options exist. Once you get all the facts, you can
make an informed decision based on your specific situation and needs.
It is important to keep in mind that title insurance does not replace legal
advice when purchasing property.
What Does Title Insurance Cover?
For a one-time fee, called a premium, a title insurance policy may provide
protection from such losses as:
Unknown title defects (title issues that prevent you from having clear
ownership of the property);
Existing liens against the property?s title (e.g. the previous owner had
unpaid debts from utilities, mortgages, property taxes or condominium
charges secured against the property);
Encroachment issues (e.g. a structure on your property needs to be
removed because it is on your neighbour?s property);
Title fraud;
Errors in surveys and public records; and
This brochure is provided for information purposes only. Refer to
the terms of your title insurance policy for the details of coverage
and exclusions.
Other title-related issues that can affect your ability to sell, mortgage,
or lease your property in the future.
Your title insurance policy will protect you as long as you own your
property, and will cover losses up to the maximum coverage set out in
the policy. It may also cover most legal expenses related to restoring
your property?s title.
What is ?Title Fraud??
Title fraud (or real estate title fraud) is a form of real estate fraud that
harms individual homeowners and their lenders. Title fraud typically
involves a fraudster using stolen personal information, or forged documents
to transfer your home?s title to him/herself (or an accomplice), without
your knowledge. The fraudster then gets a mortgage on your home and
disappears with the money.
If you are a victim of title fraud, you may be able to receive compensation
for your losses if you submit a claim through the government?s Land Titles
Assurance Fund (LTAF). For more information on the Land Titles
Assurance Fund visit www.gov.on.ca/LTAF/.
What Does Title Insurance Not Cover?
When purchasing title insurance, it is important to read the policy and
ask questions to be aware of the coverage that is provided. You also
need to be aware of possible exclusions, which may include:
Known title defects (that were revealed to you before you purchased
your property);
Environmental hazards (e.g. soil contamination);
Native land claims;
Problems that would only be discovered by a new survey or inspection
of your property (e.g. the property is smaller than originally thought);
Matters that are not listed in public records (e.g. unrecorded liens and
encroachments); and
Zoning bylaw violations from changes, renovations or additions to
your property or land that you are responsible for creating.
You need to carefully review your title insurance policy, as it may include
additional exclusions and exceptions that are specific to your property.
Title insurance does not provide compensation for non-title related issues.
It is not a home warranty or home insurance policy, and will not provide
compensation for:
Damages due to flooding, fire or sewer backup;
General wear and tear of your home (e.g. replacing old windows, a
leaky roof, or an old furnace);
Theft (e.g. a burglar breaks into your home and steals your television); and
Other losses or damages due to non-title related issues.
Refer to your title insurance policy for a full list of exclusions, restrictions,
and terms and conditions.
Do I Need Extended Title Insurance Coverage?
For an additional fee, some title insurance companies may also offer
you protection from additional risks that are not covered by a standard
title insurance policy, such as identity theft and certain known title
defects. Speak to your lawyer, title insurance company, or insurance
agent/broker to determine if you require extended or additional title
insurance coverage. They can compare several different title insurance
products and recommend the product that would best meet your needs.
What are the Different Types of Title Insurance?
There are two main types of title insurance policies:
? Owner?s policy ? Protects the property owner from various title-related
losses that are listed in the insurance policy, for as long as the property
is owned. An owner?s policy sets a maximum amount of coverage.
? Lender?s policy ? Protects the lender from losses in the event that the
property?s mortgage is invalid or unenforceable. A lender?s policy
usually provides coverage for the amount of the property?s mortgage.
You can purchase title insurance for both residential and commercial
properties.
Types of residential title insurance include:
Policies for new homeowners
Policies for existing homeowners
Policies for lenders in a residential mortgage
Types of commercial title insurance include:
Policies for individuals purchasing commercial properties
Policies for lenders in a commercial mortgage
What Types of Properties can be Insured?
Residential title insurance policies can insure:
houses
condominiums
cottages
rental units
vacant land
cooperatives
leased properties
rural properties
Commercial title insurance policies can insure:
office buildings
industrial buildings
shopping centres
apartment buildings
rental units
warehouses
vacant commercial land
leased commercial properties
Residential Title Insurance
If you are planning to purchase a house or condominium, or even if you
already own a home, you may want to consider purchasing residential
title insurance.
What coverage does residential title insurance provide?
Residential title insurance can provide:
? Comprehensive coverage ? It provides comprehensive insurance coverage
against losses related to the property?s title. It may also provide coverage
for your lawyer?s negligence or errors relating to title risks that are
covered by your policy.
? Gap coverage ? It insures you for the ?gap? between the time your
property purchase is finalized (home closing) and the time your title
is registered in Ontario?s land registration system.
? Survey coverage ? It may eliminate the need for a new up-to-date survey
of your property. It is acceptable to most lenders as an alternative to a
survey or Real Property Report (RPR).
? Legal coverage ? The title insurance company will pay for most legal
expenses* involved in defending your home?s title.
? Savings of time and money ? It simplifies the closing process for your
lawyer, thereby saving you time and money.
When is residential title insurance normally purchased?
Residential title insurance is usually purchased when you buy your home.
However, you can also purchase residential title insurance anytime after
you purchase your home.
Note ? Title insurance policies for existing homeowners are slightly different
than policies that are obtained at the time a property is purchased.
How much does it cost?
The cost of residential title insurance varies based on the value of your
property, and the insurance company you choose. You will need to pay
a one-time fee, called a premium.
How long does the coverage last?
Residential title insurance coverage lasts as long as you own the property.
Most residential title insurance policies extend coverage to your heirs
through a will, to a spouse in the event of a divorce, or to children when the
property is transferred from parents to children for nominal consideration.
Where can it be purchased?
You can purchase residential title insurance through your lawyer or title
insurance company, or you can contact an insurance agent/broker.
For a list of insurance companies who are licensed to sell title insurance in
Ontario, visit the Financial Services Commission of Ontario?s (FSCO)
website at www.fsco.gov.on.ca, click on Licensing & Registration, and select
Licensed Insurance Companies in Ontario.
Title Insurance Purchasing Tips
When purchasing residential title insurance make sure:
Your property is insured for its full value;
Your policy?s effective date is the same as your property?s closing date
(for policies obtained at the time a property is purchased);
*Refer to your title insurance policy for full details on what legal expenses are covered.
You carefully review your policy to ensure that it correctly describes
all of the property you are purchasing;
You understand what title-related losses your policy will cover; and
You know what your policy excludes or does not cover.
It is important to know that all lawyers practicing real estate law in
Ontario are required to carry professional liability insurance. Your
lawyer?s professional liability insurance may provide coverage for
title-related issues that relate to the services your lawyer provides in
the real estate transaction.
A lawyer will provide you legal advice in order to help you make an
informed decision about title insurance and other aspects of the
transaction. The title insurance provisions under Rules of Professional
Conduct Rule 2.02 ensure that lawyers meet their obligations. These
rules are available on the Law Society of Upper Canada?s website at
www.lsuc.on.ca, under Rules of Professional Conduct.
Since title insurance policies contain a lot of legal terminology, make
sure you ask your lawyer or title insurance company questions about
anything that you do not understand.
Title insurance companies and insurance agents/brokers should meet best
practice standards that include:
providing information to clients on all available options;
supplying full details for all matters related to the title insurance
transaction; and
ensuring that the recommended product meets the client?s needs.
Keep in mind that you are the customer and can choose any one of the
title insurance companies that you think would best meet your needs.
How Do I Make a Claim?
1. Double-check your insurance policy to verify that the title-related
problem is covered by your policy. Your insurance company will not
provide compensation for an issue that is excluded by your policy.
2. Submit your claimas soon as possible.Ask your title insurance company
or refer to your policy to find out when claims must be submitted.
3. Make your claim in writing.Write a letter to the title insurance company
and include information on the losses you have experienced due to a
title-related problem.Make sure you include your policy number, contact
information and any relevant documents related to your claim.
You may want to contact your title insurance company or insurance
agent/broker to obtain information on its claims handling process.
4. Keep a copy of your claim for your records.
Once your claim is received by the title insurance company, it will be
reviewed to determine if you qualify for coverage, based on your policy.
Your title insurance company will then contact you to let you know that the
claim was received. Adecision about your claim should be communicated
to you within a reasonable amount of time.
If You Have a Complaint
If you are not satisfied with how your claim is being handled, there
are steps you can take. Improved measures have been put in place to
help consumers get their insurance complaints resolved more quickly.
Among them is the establishment of a Complaint Handling Protocol by
all title insurance companies licensed to operate in Ontario. How the
complaint processworks varies fromcompany to company. Your company
representative (agent, broker, claims adjuster or customer service
representative) will be able to provide you with specific information
about the procedures to follow should you have a complaint.
In addition, each company has a Consumer Complaint Officer who oversees
the complaint handling process. The Consumer Complaint Officer is an
employee of your insurance company responsible for ensuring that your
complaint is addressed. If you are unable to obtain information about
the protocol from your company representative, or if you are having
difficulty obtaining a response outlining your company?s position, then
you should contact your company?s Consumer Complaint Officer.
For your convenience, the Financial Services Commission of Ontario (FSCO)
has compiled a list of all company Consumer Complaint Officers. This list
is available online at www.fsco.gov.on.ca. If you are unable to find the name
of your company?s Consumer Complaint Officer on this list, you should
direct your complaint to the Chief Executive Officer of your insurance
company, or contact FSCO at (416) 250-7250, Toll-free: 1-800-668-0128.
If you are unable to resolve your complaint with your insurance company,
your company is obligated to provide you with a letter stating its final
position on your complaint, as well as provide you with the name and
details of an independent ombudsman organization that can review the
complaint.
If you decide to write to the independent ombudsman organization referred to
in your company?s final position letter, make sure you describe your complaint
and why you disagree with the company?s position. Remember to include
your company?s letter and any documentation that relates to your complaint.
Upon receipt of your unresolved complaint, a Complaint Officer at the
independent ombudsman organization will review and respond to your
complaint.
Source: http://www.canadarealty.org/title-insurance-ontario/
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