Buying a home is a significant investment. A title insurance policy helps you protect that investment against potential losses that may occur after your house deal closes and you discover that someone else has an ownership claim to the property.

It may seem unlikely that such a scenario could play out, but it is a surprisingly common occurrence – frequent enough to make purchasing a title insurance policy a good idea to safeguard your investment.

When you buy a home, your lawyer or legal representative will conduct a title search (also called a title examination) to determine ownership of the property in question. A title search involves collecting and examining, in detail, all of the public records that involve the title to the property you are purchasing. The search may include past deeds, wills, trusts or other liens against the property to ensure that it has passed properly from owner to owner. The person conducting the search will also attempt to confirm that all previous mortgages and judgements involving the property have been fully paid.

Most times, your title search will come back clear. On occasion, however, a ‘cloud’ or ‘defect’ such as a missing signature will be detected, and while the defect is likely the result of an administrative error, it should be cleared before your deal is completed. A thorough title search should also reveal nuisance issues such as easements that may affect your interest in purchasing the property. Easements or right of ways may not present an immediate problem, but could adversely affect the property in the future.

Title searches are helpful in identifying any potential title-related issues relating to your property, but mistakes happen (in the public records themselves, as opposed to just mistakes on the part of your examiner), and you may find yourself involved in a legal battle in the future if a title conflict does come to light after the close of your house deal. That’s where title insurance comes into play; if you have a title insurance policy, your legal fees will be paid if you are forced to go to court, and if you lose the property as a result of a title dispute, you will be reimbursed up to the limit of your policy.

Similar to other types of insurance, title insurance policies do have certain exclusions, so it is important to clarify what your policy covers and what it does not. Some title insurance policies, for example, do not cover, or have limited coverage of problems related to easements, liens or mineral rights. Shop around if you want greater coverage and are willing to pay extra for it. No matter which policy you purchase, defects that occurred after you bought the property are not covered by title insurance.

Now that you have a better idea of what title insurance is and how it is used, do you need it? Maybe. If you pay cash for your property and do not require a mortgage, you may choose whether or not you want to purchase title insurance for your own protection. If, however, you are obtaining a mortgage to finance your house purchase your lender will likely insist on title insurance coverage to protect its own interests in the event of a title dispute. Your lender may also stipulate additional coverage to guard your portion of the home’s value. Policies vary by insurance carrier, but generally, a lender’s policy is for the amount of the mortgage and is payable to the lender in the event of a lost dispute while an owner’s policy covers the full cost of the property plus legal fees. An issue to consider when purchasing title insurance is whether your policy includes inflation riders that will increase the amount of your coverage as your property value rises. You may pay a premium for this service.

Home buyers are usually responsible for the cost of title insurance, but may defray the charge by including title coverage as a condition of sale or by having the seller’s policy adjusted and transferred to the buyer’s name. Additionally, some states may require the seller to pay some or all of the title insurance costs, which are typically paid in full as part of your property’s closing costs. Ask your legal representative to outline your responsibilities and the seller’s responsibilities.

What is PMI? PMI, or private mortgage insurance, is an insurance that home buyers are required to purchase if their down payment is low. Private mortgage insurance is usually required of home buyers whose down payment is 20 percent or less of the property’s sale price or appraised value. This insurance was created by private mortgage insurers, and was created to provide protection for the lender in the case that the home buyer should default on the loan.

Private mortgage insurance has helped create millions of new homeowners by allowing people to buy homes with much smaller down payments than had previously been accepted. As home prices continue to soar, the ability to purchase a home with a small down payment has become even more important. Private mortgage insurance allows potential homeowners to buy a home sooner, with even just a 5 percent down payment. Also, private mortgage insurance can help you qualify for a greater number of home loans.

The cost of private mortgage insurance varies according to the down payment and mortgage loan, but it typically equals approximately one half of one percent of the total amount of the loan. But how exactly is private mortgage insurance calculated? Let’s assume you bought a house for $100,000, for which you put set down a 10 percent down payment. Your lender will multiply the remaining 90 percent by .005 percent. The result, $450, is your annual private mortgage insurance, which is divided into monthly payments.

After a few years of paying down your mortgage loan, you should be able to stop paying private mortgage insurance. You should keep track of your payments and contact your lender when you reach 80 percent equity so that your private mortgage insurance can be cancelled. In 1999, a new law, the Homeowner’s Protection Act, was passed that requires lenders to notify you, the buyer, how many months and years it will take for you to pay the 20 percent of your principal. However, it is still a good idea to keep track of it on your own.

This same law also allows lenders to make certain buyers continue their private mortgage insurance, all the way to 50 percent equity. This requirement applies to buyers classified as high risk borrowers. Some Federal Housing Administration loans may even require that home buyers acquire Private mortgage insurance through the lifetime of the loan.

If the idea of paying private mortgage insurance for years sounds unappealing, you’re not alone. Over the years, new ways of avoiding payment of the private mortgage insurance—even when you don’t have the 20 percent down payment available—have emerged. One strategy commonly employed to avoid paying private mortgage insurance is to pay more interest on your mortgage loan. Some lenders will waive the private mortgage insurance requirement if the home buyer agrees to pay a higher interest rate on their mortgage loan. One advantage to this strategy is that mortgage interest becomes tax deductible.

Another way to avoid paying private mortgage insurance is by using the ’80-10-10’ loan strategy. This strategy involves taking on two loans and putting down a 10 percent down payment to purchase a home. One loan finances 80 percent of the mortgage, while the second loan finances the remaining 10 percent of the sales price. The second mortgage—the one that covers the 10 percent—has a higher interest rate. But since the amount of the loan is low, the interest charges are relatively easy to pay off. Under this plan, the mortgage interest is also tax deductible.

You may also be able to cancel your private mortgage insurance if you can prove that your home has increased significantly in value. If the value of your home has gone up, you may already have 20 percent (or more) of the equity you need to cancel your private mortgage insurance. You can submit evidence of this to your lender, but the process is slow. Expect to wait up to two years for the lender to make a decision.

You may be required to continue paying private mortgage insurance, however, if you have a poor payment history, or if your credit record reflects any liens placed against your property. You should speak to your lender to see how any changes in your credit record may affect your use of private mortgage insurance.

Closing costs can often add up when you have taken out a mortgage. By knowing what closing costs and fees will apply, you will be prepared for closing and owning your home. Closing costs include things such as real estate transactions, attorney fees, appraisals, credit reports, prepaid interest, homeowner’s insurance, title insurance and reserves that the lender collects for future taxes and insurance. Each of these different aspects of closing costs can add up when you have made all of the payments towards your home or loan that you think is necessary. It is estimated that closing costs will be an average of $3,000 to $4,000, depending on the types of inspections, insurance and documentation that needs to be prepared and finished before you can own your own home.

The first fee which will be a part of closing costs is the appraisal. This will give you an estimate of how much your home is worth at the time of closing. It includes giving you information and documentation on what will be the highest and best use for your property. These usually cost an estimated $200-$450, depending on the area in which you live and the value of real estate at that time. A second type of fee is the commitment fee. These fees are charged by investors or lenders have committed to your loan. A third documentation fee is the application fee. This is taken at the time of closing if your loan closes.

Another type of fee to keep in mind with the closing costs is attorney fees. Attorneys are used for the loan closing of the mortgage and usually review all of the documentation available for the closing costs. Another cost will be for a broker. This will be for the administrative, processing and transaction fees that take place between the broker and mortgagee. If document preparation is performed by a third party, other than the broker, there will be another charge for this. This may include documentation such as deed of trust, warranty deed, housing authority addendum, release of trust and power of attorney. It may also include other closing loan contracts or documentation such as processing costs. There is also a closing fee which is charged. If the closing fee is closed by a third person, such as a real estate person, there may be a customary cost.

Other costs will come from inspection of the home and insurance. The most common type of insurance that you will need is home owners insurance. This type of insurance is required to get at least one year in advance to protect the assets in your home as well as your home. Title insurance is also required to buy once your home is off of the mortgage. This will insure a lender of any liens on the property. Loans will not be closed until inspections are made and this type of inspection and insurance is resolved. Another possible type of insurance is those used for a flood plan. If you are living in a flood zone, you must pay for flood insurance at the time of the loan closing. There is also a possibility of getting a flood certification. This will allow you to continue have flood zone status during and after the mortgage. It will be paid at the time of closing. Another type of insurance is hazard insurance premium which will be added in closing costs. There are also inspection fees at the time of closing. This includes a home inspection service fee, which usually is around $300. Pest inspection may also be a separate fee which is included in the closing costs. A third type of inspection that may be included is a well and septic fee, if this is part of your home.

Another kind of cost which will be added during closing costs includes property taxes and assessments. The most well known deposit for taxes is known as an escrow. This is set up so that your taxes will continue to be paid after the loan and begin with a deposit at the time of closing. Transfer taxes are the other type of taxes available at the time of closing.

When looking into closing your mortgage, it is important to find the lowest fees and best way to get the documentation without having too much hassle. There are several ways to get free quotes and to find the proper tools in order to keep closing costs down and make the process of owning your own home as simple as possible.

Home ownership has long been a major part of the American Dream. Yet for many Americans, the skyrocketing price of real estate makes it impossible for them to save enough money to qualify for an adequate mortgage let alone buying a home outright. That’s why the Federal Housing Administration of the United States Department of Housing and Urban Development has a loan insurance option that allows first-time buyers or anyone without a lot of money for a down payment to purchase a home.

By guaranteeing lenders won’t lose all of their money if you default on your home loan, FHA’s insurance program increases the number of potential home buyers who are able to secure a loan from the lending institution of their choice. While the FHA program does help qualified buyers secure home loans, not everyone is qualified.

The first measures of whether a potential home buyer will qualify for FHA assistance is whether he or she has a good credit history and whether he or she is employed or has enough income to handle a house loan. It is a good idea to start establishing a credit history as early as you can. You can do this by paying your utility bills, school loans, and car loans on time, or by applying for credit cards and paying the bills in a timely fashion. You may not qualify for a standard credit card right away, but most departments will issue their in-house charge card with very little proof of income, and using these cards is a good way to build a solid credit history. It is also a good idea to keep copies of bank statements, pay stubs and contracts as proof of steady income when you go to apply for a home loan.

Most lending institutions require a down payment equal to about 25 percent, or one quarter, of the full price of the home you wish to purchase. With real estate prices booming as they are, this goal is out of reach for many Americans. However, with an FHA-insured loan, qualified home buyers can secure a house loan with as little as a three percent down payment.

So how do you know if you qualify? Either before you begin looking for a home to buy, or after you have found one you think is a good prospect, do some simple calculations to find out how much of a home loan burden you can afford each month. To determine how much you can afford to pay, multiply your monthly income by .29. Most loan experts agree that spending 29 percent of your gross monthly income on housing costs is a reasonable burden for buyers looking to secure a FHA loan. The amount you get by multiplying your gross monthly income by .29 will give you that magic 29 percent figure. Total housing costs include more than your mortgage principal and interest costs. You also have to calculate your estimated property taxes and insurance, as well as utility costs such as heat, water and electricity. Your total monthly debt load, including payments for any long-term debt you may have, should not exceed 41 percent of your gross monthly income. These debt burden figures are slightly more favorable than conventional loans, which generally require a debt load one to five percent less than what is needed for an FHA loan.

Once you know how much you can afford to pay, you also have to figure out if you can raise enough cash to make a down payment equal to no less than two to three percent of the price you pay for your home. This money will be due on the date you close or settle the deal. You may actually need more than that amount to pay for private mortgage insurance, title insurance, title search fees, attorney’s fees, loan origination fees, discount points costs and any other relevant disbursements, so leave a financial cushion to handled these additional expenses.

Buying a home is exciting, but it is also an investment that requires planning and careful management. An FHA loan can help you buy the home of your dreams, but be sure you can afford the house you want to buy so that the dream does not turn into a financial nightmare.

Most of us think of our home loan as a mortgage, when that isn’t particularly true. When a borrower agrees to pay a lender a certain amount of money, under certain conditions, the borrower will sign a promissory note. A lender will then require the borrower to sign a mortgage, as a security tool to give the lender a legal form of security. A mortgage is a written document to protect the lender’s interests in your property. Therefore, a mortgage is not a loan.

A mortgage is between two parties, you the “mortgagor” and your lender. The mortgage is a document that creates a lien on your property that is entered into public records to serve as the lenders security for that debt. Possession cannot be transferred to another party until you, as the borrower, pay the debt to release the lien. Only you have all the rights of ownership to your property, even if your loan is secured with a mortgage.

Only if the borrower defaults on their mortgage will the lender have the right to protect their interests and foreclose on the property in order to recover funds. When a mortgage is used as the lenders security, foreclosure will usually go through the judicial foreclosure process through the court system that may take up to four months. Mortgages are used as security tools in more than half of the states in the U.S., while other states may use a deed of trust. Both the mortgages and the deed of trust, often serves the same purpose, but with some significant differences.

Like the mortgage, a deed of trust is entered into public records to put a lien on your property. There are three parties involved with a deed of trust: you, as the “trustor,” the lender as the “beneficiary” and a “trustee,” who is a third party that holds a temporary title until the lien is paid. The trustee holding the temporary title, should be a neutral party that does not favor the trustor or the lender, if problems should arise. These third parties acting as neutral trustee’s can be attorneys, an escrow company or title insurance companies. Under no circumstances can the third party, or trustee, take over your property.

The deed of trust will only be removed when the debt to the lender is paid. Only then will the will the trustee issue a release of the deed that should be recorded at the county recorder’s office and made available to the public that the loan has been paid in full and that the lender interests in the property have come to an end.

The difference between a deed of trust and a mortgage will only affect home owners when foreclosure becomes an issue. This is when the trustee has the authority to sell your home when your loan becomes delinquent. It is up to the lender to provide the trustee with proof of the delinquency and to request foreclosure proceedings to begin. The trustee must then proceed as allowed by law and as it is dictated in the deed of trust. The process may bypass the court system to make a much less expensive and quicker way to go for the lender during a foreclosure. 

A deed of trust and a mortgage can also differ during foreclosure. Depending on where you live, state law will have to determine how a foreclosure will be handled. Normally, a deed of trust allows for a speedier foreclosure. When the borrower defaults on a loan, the lender gives the deed of trust to the trustee to sell the property. A mortgage is normally requiring a judicial foreclosure, which may take longer. Properties may not be foreclosed upon until all rules are followed and notices have been sent.

Borrowers cannot choose which way their loan is secured, whether it’s by a mortgage or a deed of trust, this is all determined by what state you live in or are buying in. It’s very important to have a complete understanding of the type of lien that will secure the debt of your home. This should all be explained to you thoroughly by your lender or trustee. Do your homework and ask questions before signing any documents. Borrowers must protect themselves as the lenders and other companies do.