
3760 Expressway Drive S ¨Islandia, New York 11749¨Phone: (631)-851-0300¨ Fax: (631)-851-0303
“Why Aurora Abstract Inc.?”
Aurora Abstract Inc. is an
established and well respected Title Insurance Agency, providing exceptional
service in all aspects of Title Insurance. Meeting the needs of our consumers,
Aurora Abstract Inc. employee’s take considerable time
and effort to explain the title insurance process and ensure the quality of
service that is promised to every client. Title Insurance can be quite
painstaking and difficult to the everyday refinancer/seller/purchaser; however
the experienced and skilled staff at Aurora Abstract Inc. is available to guide
you through the turbulent title insurance process.
“A History in Title Insurance”
Title Insurance became one of the new
forms of insurance conceived in the United States when the Real Estate Title
Insurance Company of Philadelphia was founded in 1876. It was an apparent
outgrowth of an opinion by the State Supreme Court of Pennsylvania that
absolved a seller from liability for an erroneous search and abstract on the
grounds that he had not been negligent in its preparation (Watson vs. Muirhead, 57 Pa. 161, 1868). The case had far reaching
consequences because it demonstrated the need to furnish some type of
protection to purchasers of real estate who suffer losses as a result of errors
in searching county records, even in the absence of fault.
In the late 1920’s title insurance
companies also engaged in guaranteeing mortgage payments. But many of these
companies became insolvent during the Depression. Due to this fact title
insurance companies today are prohibited from guaranteeing the payment of
mortgages or guaranteeing the completion of any building, structure or project.
Subsequently, national lenders require a transferable mortgage; simply
put a mortgage that may be accepted anywhere and by anyone. Title insurance
companies have met the needs of these lenders by providing standardized forms,
(ex. Title Insurance Policies) which insure against defective titles. Secondary
market purchasers like FNMA (Fannie Mae) and FHLMC (Freddie Mac) require title
insurance on every loan they buy, further stimulating the growth of title
insurance to present day through their federally guaranteed programs.
“Why do you need title insurance?”
To understand title insurance you
must understand the principal of indemnity. Indemnity simply means that the
insured will not profit from the transaction, but should be restored to the
same financial condition that existed prior to a loss. A title insurance policy
is given to the insured at the closing. If purchasing a home, the lender will
receive a policy called a “Loan Policy,” and the new owner (purchaser) will
receive a policy called an “Owner’s Policy.” A title insurance policy is a
contract under which a title insurance company, for a one‐time payment
known as “the premium,” agrees to indemnify the insured, not in excess of the
policy amount and subject to any exclusions, exceptions, conditions or
stipulations in the policy for any loss the insured might sustain. Title
Insurance insures that your title to the premises purchased under contract is
unhindered by any type of superior lien, claim or encumbrance which may affect
your ability to transfer title. The ability to transfer good title from one
person to another is called, “Marketable Title.”
“Why do you need a good title insurance agency?”
Title insurance companies assume the
risk that there is a superior lien or encumbrance; along with other factors
that may hinder your right to transfer marketable title because of this a
reputable and meticulous title agency will cause a search of the county
records. The search of the county records will disclose a linked history of the
property, stating all the past conveyances, mortgage history and other
encumbrances which may affect title. A title insurance company will take this
information and formulate a title insurance commitment which will outline the
facts obtained through these records. This title commitment will provide the
information needed by all parties involved in the real estate transaction to
ensure that everything is handled professionally and correctly.
“For consumers: Your title insurance rights!”
1. You are entitled to be treated
with courtesy and consideration.
2. You are entitled to service that
is ethically and morally responsible.
3. You have the right to privacy;
your personal information will not be represented to anyone without your prior
consent.
4. You are entitled to understand
what the title insurance process is.
5. You have the right to choose a
title company of whom you would prefer to issue a commitment.
6. You are entitled to having
experienced and skilled title professionals explain your commitment.
7. You have the right to retain the
services of an attorney who will oversee the real estate transaction and
represent your interests in the matter.
8. You are entitled to receive a
title insurance policy, issued properly with a considerable evaluation of the
properties current standing at the county.
9. You are entitled to retain any
information gathered to clear objections from your commitment.
10. You have the right to know and
verify what fees are charged in connection with the issuance of your title
insurance policy.
“For consumers: What does my title dollar pay for?”
Title insurance companies and their
underwriters, unlike property or casualty insurance companies,
operate under the theory of “risk elimination.” Risk elimination can only be
accomplished after an intensive period of risk identification. Title Insurance
companies spend a high percentage of their operating revenue each year
collecting, storing, maintaining and analyzing official records for information
that affects title to real property. Trained title experts are able, with the
aid of their extensive title plants and examiners, to identify the rights
others may have in your property, such as recorded liens, legal actions,
disputed interests, rights of way, easements, and other encumbrances on title
to your property. When claims (a dispute over title) arise, title insurance
companies have professional claims personnel to make sure that your property
rights are protected pursuant to the terms of the policy issued to you. To
conclude when you pay for a title insurance policy, you are paying for a team
of professionals who have worked together to deliver a title insurance policy
to you which represents protection for your ownership of real property.
Fees? What fees?
There are numerous fees associated
with production of a title insurance commitment and the final product which is
the title insurance policy. Your loan officer will disclose to you an estimated
cost of these fees upon your mortgage loan application. An itemized list of
fees that are accrued or will accrue in connection with your closing will be
itemized for you at the closing. Aurora Abstract Inc. is proud to share with
our consumers that these fees charged to you are the lowest we can offer in the
industry. We value our clients and expect that both our clients and the
consumer will be satisfied with the outstanding work that we provide.
Should you have any questions
regarding any of the material you have just read please feel free to contact
the office. The professional staff at Aurora Abstract
Inc. is always on hand to answer the questions of clients or consumers at any
time.
©Aurora Abstract Inc. 2008