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Writer's picturePeter Lamont, Esq.

Title Insurance in New Jersey Real Estate Transactions

Title Insurance in New Jersey Real Estate Transactions

Title Insurance in New Jersey Real Estate Transactions

Title insurance is an important part of any real estate transaction in New Jersey, providing critical protection to buyers and lenders. While it may seem like just another expense at closing, title insurance safeguards against potential property ownership issues that could arise after the sale. In this post, we’ll explore what title insurance is, why it’s important, and how it applies to New Jersey real estate transactions.


What is Title Insurance?

Title insurance is a policy that protects against financial loss due to defects in the title of a property. When you purchase a home or commercial property, you’re not just buying the physical structure—you’re also buying the legal rights to the land it sits on. The title is the legal document that confirms your ownership, but it can come with hidden problems. Issues like unpaid taxes, judgments, liens, or errors in public records can all cause problems down the road, potentially challenging your property ownership. Title insurance protects you from these risks by ensuring you have clear property ownership and covering any losses related to title defects.


Types of Title Insurance

In New Jersey real estate transactions, there are two types of title insurance policies:

  1. Owner’s Title Insurance: This policy protects the buyer. It ensures that the buyer has clear title to the property and provides coverage if anyone challenges the ownership. The owner’s policy is usually purchased at closing and remains in effect as long as the buyer owns the property. It’s a one-time premium, and there are no ongoing fees.

  2. Lender’s Title Insurance: This policy protects the lender, ensuring that their interest in the property is secure. If you’re taking out a mortgage, your lender will require a lender’s title insurance policy before approving the loan. This policy only covers the lender’s financial interest, not the homeowner’s.


It is worth noting that while the lender’s policy is mandatory if you have a mortgage, the owner’s policy is optional. However, most real estate professionals strongly recommend purchasing an owner’s policy, as it protects against potential legal disputes and financial losses. Personally, I would never recommend purchasing a property without having title insurance.


How Title Insurance Protects You

The role of title insurance is to defend you in case any issues arise with the property’s title. In New Jersey, common title problems include unpaid property taxes, undisclosed heirs, fraudulent claims, or errors in public records. Here’s how title insurance can protect you:

  • Undiscovered Liens: If the previous owner failed to pay property taxes, contractor bills, or other debts, liens could be placed on the property. Title insurance covers any costs associated with these claims so that you don’t have to.

  • Errors in Public Records: Mistakes in public records, such as a misspelled name or incorrect property description, can lead to disputes over ownership. Title insurance ensures that such errors don’t jeopardize your ownership or financial investment.

  • Undisclosed Heirs: In some cases, long-lost heirs or other family members may come forward claiming ownership of the property after you’ve already purchased it. Title insurance will cover legal defense costs and any financial loss associated with these claims.

  • Fraud and Forgery: Title fraud occurs when someone illegally claims ownership of a property or falsifies documents related to ownership. If fraud is discovered after you’ve purchased the property, title insurance will protect your investment and cover any related legal expenses.


The Title Search Process

Before issuing a title insurance policy, the title company conducts a detailed title search to uncover any potential issues with the property’s history. The title search is a review of public records to verify the legal ownership of the property and to identify any existing liens, claims, or other encumbrances. If any issues are found, they must be resolved before closing.


In most cases, the title search will confirm that the property has clear title, allowing the transaction to move forward smoothly. However, if problems are discovered, they will need to be addressed before the sale can close. For example, unpaid property taxes would need to be settled by the seller, or any liens on the property would need to be removed.


Once the title search is complete and any issues are resolved, the title company issues the title insurance policy, providing peace of mind that your ownership is protected.


New Jersey-Specific Title Insurance Considerations

New Jersey real estate transactions involve specific considerations when it comes to title insurance. The state has a long history of complex property laws, making title searches and title insurance particularly important. Additionally, in New Jersey, the buyer typically pays for both the owner’s and lender’s title insurance policies. The cost of title insurance can vary depending on the value of the property, but it is a one-time premium that provides lifetime protection for as long as you own the property.

In some cases, you may also need additional endorsements on your title insurance policy. For example, if the property includes certain easements, or if you’re purchasing commercial property with unique zoning or development concerns, additional coverage may be necessary.


What to Do if a Title Issue Arises

If a title issue arises after you’ve purchased the property, the first step is to contact your title insurance provider. Your policy should include instructions for filing a claim, and your title company will take over the investigation and resolution process. They will defend you against any legal claims and cover any financial loss that results from the title defect, up to the limits of your policy.


If the title company is unable to resolve the issue or if the matter becomes particularly complex, you may also want to consult with an attorney. In New Jersey, real estate attorneys play a crucial role in guiding homeowners through the title insurance process and addressing any disputes that arise.


Conclusion: Title Insurance is Essential for New Jersey Homebuyers

Title insurance is an indispensable part of any New Jersey real estate transaction, offering critical protection against the unexpected. Whether it’s an undisclosed lien, an error in public records, or a claim from a previously unknown heir, title insurance ensures that your ownership is secure and your investment is protected.

Before closing on a property, it’s essential to understand the benefits of both owner’s and lender’s title insurance policies and to conduct a thorough title search. Working with an experienced real estate attorney can also help ensure that any potential title issues are addressed before closing.


If you have questions about title insurance or need assistance with a New Jersey real estate transaction, the Law Offices of Peter J. Lamont are here to provide guidance and protect your interests.


Contact us today to discuss your business or legal matter. Put our 20+ years of legal experience to work for you.

 

For detailed insights and legal assistance on topics discussed in this post, including litigation, contact the Law Offices of Peter J. Lamont at our Bergen County Office. We're here to answer your questions and provide legal advice. Contact us at (201) 904-2211 or email us at  info@pjlesq.com.


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Litigation Attorney Peter Lamont

About Peter J. Lamont, Esq.

Peter J. Lamont is a nationally recognized attorney with significant experience in business, contract, litigation, and real estate law. With over two decades of legal practice, he has represented a wide array of businesses, including large international corporations. Peter is known for his practical legal and business advice, prioritizing efficient and cost-effective solutions for his clients.


Peter has an Avvo 10.0 Rating and has been acknowledged as one of America's Most Honored Lawyers since 2011. 201 Magainze and Lawyers of Distinction have also recognized him for being one of the top business and litigation attorneys in New Jersey. His commitment to his clients and the legal community is further evidenced by his active role as a speaker, lecturer, and published author in various legal and business publications.


As the founder of the Law Offices of Peter J. Lamont, Peter brings his Wall Street experience and client-focused approach to New Jersey, offering personalized legal services that align with each client's unique needs and goals​.

 

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