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TITLE FRAUD AND TITLE INSURANCE – BENEFITS FOR BORROWERS

General Kaveh Seyedsagha 21 Apr

Recently, there have been headlines about identity theft, fraud and stealing homes. Title fraud occurs when the fraudster assumes the identity of the homeowner and then uses it to assume the title on the home, sell the property or obtain a mortgage on that property or other properties in the homeowner’s name, In this article by CMI Finacial Group discusses TITLE FRAUD AND TITLE INSURANCE and the BENEFITS FOR BORROWERS.

Protecting personal information

Borrowers can take steps to protect themselves by safeguarding their personal information:

  • Keep personal information in a safe place.
  • Don’t give out personal information on the phone, through the mail or online unless the borrower has initiated contact.
  • Give your Social Insurance Number (SIN) only when absolutely necessary. Ask if other identification can be used.
  • Check with the land registry office to ensure that the title of your home is in your name.
  • Consider purchasing title insurance.

Title insurance coverage

While borrowers can take preventative measures to protect their personal information, they can also look at title insurance which protects the homeowner from a number of risks, including:

  • Someone trying to acquire the home through forgery or fraud;
  • Minor errors in the legal description of the property;
  • Unpaid utilities, mortgages, taxes, or condo maintenance fees;
  • Removal of existing structures if they violate zoning laws;
  • Legal claims by someone else on the property, such as property liens or construction liens from unpaid contractor bills;
  • Protection from another person having interests on the property;

Example:

If the previous owner did not pay their contractor and there are construction liens on the property, title insurance would cover this. If a structure needs to be removed because it encroaches on a neighbour’s property, title insurance will cover the removal costs.

Title insurance exclusions

The following issues are not covered by title insurance:

  • Zoning bylaw violations from home renovations or additions that the title insurance policy holder is responsible for;
  • Environmental hazards;
  • Known title defects that we revealed before the homeowner bought the property;
  • Wear and tear on the home and property, and;
  • Risks and damages that would be covered by homeowner’s insurance.

While title insurance can’t protect a borrower from becoming a victim of fraud or title defect, it can protect them from many of the consequences and the resulting stress.