Quote from @Caroline Gerardo:
@Jarred Ross 1887 first title policy in the USA
Pennsylvania supreme court 1886
Around 1990 HUD forced lenders to have lender policy when selling loans to our government. The US government subsidizes the lending industry. Since our government bailed out cough took over in receivership Fannie and Freddie in the last crash we are still selling most or 88% of the loans in the US are backed by our taxes.
If you want a non government loan then a borrower can argue but most hard money lenders want the coverage. All NonQM lenders (sold on a non government market) require the insurance.
Borrow hundreds of thousands of dollars and the ownership of the asset might be flawed? Loan $300000 on air? In some deals the title is split in half, it's all in the negotiation of your purchase contract.
@Jarred Ross When you don't pay your auto loan: there is a GPS device in the car. The lender sends the tow truck with jaws and they steal it back in seconds. It's easy to take the car and re-sell it as used and get most of the $$$ Collateral back. There aren't many laws that protect consumers to keep a car without paying but in CA for example it takes forever to foreclose.
What does a lender's policy cover that's not covered by the owner's policy?
Go ahead, require title insurance on a mortgaged deal, no issue there. Government mandated or not. But one policy seems adequate. Why is there a separate fee, equal to the first, that insures the same thing, just a different party? Honest question
My point is it's the only thing we insure like that. Your car insurance has named insured, so you don't have to pay for each driver separately each month. Maybe there's a small surcharge to add additional drivers. But it's still one policy. This makes more sense to me.
But that's a lenders risk to take isn't it? I understand the title industry has a huge financial interest in maintaining the standard, but if it doesn't have some net benefit to consumers does it have a place in the market?