Title Insurance Void if transfer to LLC?

Title Insurance Void if transfer to LLC?

Member since 2024 · 22 posts · 2 votes

Hello everyone, 

I wanted to get advice on transferring my rental property into an LLC in FL. I spoke with my title insurance company and they said transferring would void the insurance policy. However, on my policy it says it would insured if it is still in an entity wholly owned by my wife and I. I posted the definitions in our policy below. I wanted to get advice and clarification on this as I am not sure if they just want to sell me another policy. They also said I would not be able to add an endorsement. Thank you!

(d) “Insured": The Insured named in Schedule A.

(i) The term "Insured" also includes

(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs,

devisees, survivors, personal representatives, or next of kin;

(B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization;

(C) successors to an Insured by its conversion to another kind of Entity;

(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration

conveying the Title

(1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the

named Insured,

(2) if the grantee wholly owns the named Insured,

(3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated

Entity and the named Insured are both wholly-owned by the same person or Entity, or

(4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the

Insured named in Schedule A for estate planning purposes.

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Corby GoadeBusiness Member
Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
2y

If the title company is telling you something different than what you think the policy says, I'd chat with my attorney. You'll get random advice from a bunch of us armchair lawyers here, but that's worth exactly what you pay for it. 

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    2y
  • Corby GoadeBusiness Member
    Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
    2y

    If the title company is telling you something different than what you think the policy says, I'd chat with my attorney. You'll get random advice from a bunch of us armchair lawyers here, but that's worth exactly what you pay for it. 

  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    2y

    @Jay Lam To answer that question [(d)(i)(D)] you will need to identify the named Insured, the members of the LLC, and the consideration stated in the deed.

    And even if the conditions for the LLC being covered by the definition of the "Insured" are not met, the policy would not be voided. I would get a second opinion from somebody other than the title insurance company rep providing you bad information.

    Gimer Law516 Reviews
  • Member since 2024 · 22 posts · 2 votes
    2y

    Thank you! It seems like the LLC would still be covered. I will plan to talk to a real estate attorney.

  • Specialist · Winter Springs, FL · Member since 2009 · 1k+ posts · 747 votes
    2y

    I think the problem might be that you asked the title agent that issued the policy and not somebody at the underwriter.  I suggest you call the underwriter directly or contact them via the email contact provided in the policy and pose the question.  That's probably all an attorney will do for you, albeit at $400 per hour.

    You might find this link helpful:  

    Am I Still Covered Under the Title Insurance Policy? | Real Estate Litigation (swlaw.com)

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