Quote from @Shafi Noss:
@Jay Hinrichs Yes exactly, I think this is a rational way to do it in many cases.
@Rob K. I'll respond to this since I hear the undertones towards what I have just been posting about. Obviously an anecdote about a single case where someone would have benefitted from purchasing insurance is not evidence supporting that insurance should 'always be purchased'. The fact that the risk is nonzero does not mean the risk is high enough to pay any price for insurance. Title risk is real, it's just unlikely. Calculate the risk and the risk premium and make a rational decision, it's investing 101.
That's another area where the title insurance payment structure does not make sense, on a refi. On a refinance you have to get the title insurance 're-issued'. Basically you have to pay again just to change the lender. If you change the lender on your hazard insurance you do not have to buy a whole new policy. This does not make sense to me. If you have any light to shed on that Rob I'm open to hearing.
Most other developed economies like Japan and most of Europe have gov't backed title, a few other countries have a hybrid structure, and it is really only the US and Canada that are all about private title. We are a bit of an outlier as a country.
I think the private title industry made sense for a US that is more prone to litigation and was forced to keep private records. As we transition to electronic records and the chance of title issues from paper records fades into the decades I hope the heat from reform efforts breaks through to the regulations to create a system that is more optimal.
The same argument discussed above would suggest that if I buy a property for $100K and it appreciates to $500K, I need to buy more title insurance to protect my equity. Does anyone do this? Guess what, if you have a claim they will only pay out to the purchase price.
I have learnt a lot from these discussions, but I am still not convinced that I get a lot more from owner's title insurance policy beyond the protection I could get from the lender title policy that I pay for so long as I have a mortgage on the property. The day I pay off my mortgage could be a different issue. I guess I could get the owners title policy after the mortgage is paid off. And that way I can also insure some of my appreciation after owning for 30 years.
Any lenders on this page should chime in. Do you have examples of times when a title issue came up on a property you held mortgage on that you left the buyer to deal with alone? If so, why did you not file a title claim then?