
Bruce Feffer
Partner
212-784-6904 bfeffer@sh-law.comFirm Insights
Author: Bruce Feffer
Date: April 18, 2022

Partner
212-784-6904 bfeffer@sh-law.com
While title insurance may seem like extra paperwork and added costs, it is an essential element of any real estate transaction. Title insurance can help avoid costly legal issues by protecting buyers and mortgage lenders against defects in title during and after a transfer of property ownership.
Every real estate transaction must have a clear title to ensure the property is free from liens and other “encumbrances”. This is true whether you are conducting a commercial or residential real estate transaction. Title insurance is a form of indemnity insurance that protects you from suffering financial loss due to issues with the title.
The first step of obtaining title insurance is a title search. In performing a title search, the title insurance company will investigate all of the recorded property transfers, tax liens, easements, and any other encumbrances affecting the subject property. The information is then used to create a title report.
Since title reports are not infallible, title insurance protects against any undiscovered title defects. If a defect in the title is discovered post-closing, and the title company should have disclosed it in its report, the title insurance company is generally responsible for covering any associated legal expenses and damages. A typical residential title insurance policy covers the following:
Many buyers are not aware that title insurance is not available for the purchase of a co-op apartment, since this involves the purchase of corporate shares rather than actual real estate. Nevertheless, most title companies will provide a “Judgment and Lien Search Report” to help buyers learn whether there are any such encumbrances on the shares of a particular co-op unit. These reports are usually provided at a nominal cost as there is no insurance being offered.
Given their added complexity, title insurance is particularly important with respect to commercial real estate transactions. Various endorsements are available to protect purchasers and lenders from more than just title defects. For instance, endorsements can cover additional issues, such as zoning concerns and environmental issues.
While the policy should be tailored to the transaction, the American Bar Association recommends that commercial buyers obtain title insurance policies addressing the following:
The ABA also recommends that commercial property buyers consider the financial depth and durability of the title insurer.
There are two main types of title insurance. Loan policies protect the mortgage lender’s investment should a title defect arise. Meanwhile, buyer’s policies protect the buyer of the property in the event there are problems with the title.
Mortgage lenders almost always require buyers to purchase a lender’s title insurance policy. The policies are distinct, meaning that property purchasers can’t rely on their lender’s title insurance policy. Accordingly, a lender’s policy and an owner’s policy are often both required to guarantee adequate protection for all parties. Finally, unlike other types of insurance, title insurance requires payment of a one-time premium, which is paid at closing.
Title insurance is invaluable in any real estate transaction as it protects lenders and buyers from financial loss due to defects in the title to the property. Without insurance in place, buyers may have to shoulder the financial burden of unpaid taxes, open building permits, contractors’ liens, and other title problems.
If you have any questions or if you would like to discuss the matter further, please contact me, Bruce Feffer, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!