LAWPRO Magazine archive: Title insurance – separating fact from fiction
In just over a decade, title insurance has gone from a little-known development to a mainstay of real estate practice. In Ontario alone, title insurance is a $100 million a year industry: Between 1999 and 2009, the revenue of the major title insurers of Ontario grew 534 per cent. Not surprisingly it is estimated that upwards of 95 per cent of Ontario residential real estate transactions are title insured.
Despite its widespread use, title insurance appears to be somewhat of an enigma to many lawyers, say LAWPRO claims counsel. The misconceptions around coverage, claims filing, and the fine print in the different title insurers’ policies are many, they say.
“Sometimes the only reason a lawyer gets title insurance is because the lender client says ‘Get title insurance,’” says Dale Herceg, LAWPRO claims counsel.“I had one lawyer tell me he thought title insurance was there if there was a shortfall on the mortgage caused by a change in the market value.”
This article, based on conversations with members of the LAWPRO claims and TitlePLUS departments, aims to dispel some of the myths that surround title insurance.