Hi Loren,
On foreclosures, short sales, a property that's been bought and sold several times in the last 7-10 years and in most situations, yes, title insurance is a must. Even though it's expensive, it might just save my butt. Here's my reasoning for reconsidering it on this flip deal:
-I am essentially buying it direct from the seller who's parents owned it for 25 years plus. There's no mortgage to pay off, HELOC or anything. They paid it off and own it outright.
- I'm only going to hold it for a few months and the chance of someone contesting the title during that time after my trusted title attorney does his research and delivers me clear title is pretty low. It's my understanding that I'm only buying insurance to cover those months. The new buyer's lender will insist they get a policy as soon as they close so essentially the property goes without title insurance for 2-3 months.
- The exclusions in the policy are so broad that I don't think I'm actually getting any coverage of value. In all the deals I've done, I've sort of come to the conclusion that in some cases, title insurance is just a money grab for the title companies, confirmed by the fact that when I told the wholesaler's selected title company that I may go without it, they told me they don't offer that option. It's money out of their pocket.
- The title company has E&O insurance that kicks in if there is a title issue and I didn't purchase the insurance.
That's how I'm leaning anyway...any title people want to weigh in?
Ruth