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Opinion of Title

DEFINITION

An opinion that is legal, which provides validity of a title deed for a property’s parcel, is known as an opinion of title. This can sometimes be given alongside an insuring title agency.

EXPLANATION

This type of document is more commonly given by an attorney. The title report is made by the title companies after they have viewed the opinion of the attorney. The uses of this document varies, but it is most commonly used to verify the status of a lien, purchase a property, or in ownership researching.

Opinion of Title or Title Insurance?

The title of opinion, which is also known as the statement of opinion or attorney title opinion, is essentially a guarantee from a professional that the client, who is the landowner, owns a property that does not have encumbrances. Title opinion does not offer legal protection or work as insurance, but it offers confidence as well as peace of mind to a landowner if someone challenges their ownership.

An attorney will create a statement of title opinion after they have reviewed the past ownerships of the land. This will help to determine any encumbrances that there may be from past ownership.

Title insurance gives owners definite protection for the title to their property. When someone challenges a property owner that has title insurance, they can show their insurance which is proof that the challenge is pointless. It is hard to prove a policy for title insurance is deficient. Title insurance policies often require the clearing or settling of any prior claims that were made to the property. Title insurance helps to assure a homeowner that there will be no issues with claims for their property.

Key Differences Between Opinion of Title and Title Insurance

The main difference from the two types of forms is that title insurance has the ability to protect a home or property owner’s home or property after the sale has been closed. The title opinion does not include covering disagreements that may come about from deliberate fraud or human error, whereas title insurance does cover this.

It is vital to remember that the title opinions are not covered by any legal framework or regulations. The opinion of a educated, top-quality attorney is great, but in the end it does not amount to the same quality of protection that title insurance offers a nervous homeowner.  If a opinion of an attorney is found to be lacking, there is always an option to sue the attorney.

Title insurance may be more costly, but there are some situations that it is not really necessary to spend more and a title opinion may be enough. Receiving property through a relative through a quitclaim deed or those that are buying a property in order to flip it are two examples of those that would not need title insurance. In most cases, though, it is best to spend the extra money and get title insurance to help provide you with peace of mind so your property is secure.

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