title insurance protection

North Title Insurance Protection/Policy is a guarantee from North Title  that protects against many potential defects such as:

  • Forged Deeds, Mortgages, Satisfactions or releases
  • Deed by person who is insane or mentally incompetent
  • Deed by minor (may be disavowed)
  • Deed from a corporation, unauthorized under partnership agreement
  • Deed from purported trustee, unauthorized under trust agreement
  • Deed to or from a “corporation” before incorporation, or after loss of corporate charter
  • Deed from a legal nonentity (styled for example, as a church, charity, or club)
  • Deed by a person in foreign country, vulnerable to challenge as incompetent, unauthorized, or defective under foreign laws
  • Claims resulting from use of “alias” of fictitious name style by a predecessor in title
  • Deed challenged as being given under fraud, undue influence, or duress
  • Deed following nonjudicial foreclosure, where required procedure was not followed
  • Deed affecting land in judicial proceedings (bankruptcy, receivership, probate, conservatorship, dissolution of marriage) unauthorized agent
  • Deed following judicial proceedings subject to appeal or further court action
  • Deed following judicial proceedings where all necessary parties were not joined
  • Lack of jurisdiction over persons or property in judicial proceedings
  • Deed signed by mistake (grantor did not know what was signed)
  • Deed executed under falsified power of attorney
  • Deed executed under expired power of attorney (death, disability, or insanity of principal)
  • Deed apparently valid, but actually delivered after death of grantor or grantee, or without consent of grantor
  • Deed affecting property purported to be separate property of grantor, which is in fact community or jointly owned property
  • Undisclosed divorce of one who conveys as sole heir of a deceased person, not joining all heirs
  • Deed following administration of estate of missing person who later reappears.
  • Conveyance by heir or survivor of joint estate who murdered the decedent
  • Conveyances and proceedings affecting the rights of service member protected by the Soldiers and Sailors Cilil Relief Act
  • Conveyance void as in violation of public policy (payment of gambling debt, payment for contract to commit crime, or conveyance made in restraint of trade)
  • Deed to land including “wetlands” subject to public trust (visiting title in government to protect public interest in navigation, commerce, fishing, and recreation)
  • Deed from government entity, vulnerable to challenge as unauthorized or unlawful
  • Ineffective release of prior satisfied mortgage due to acquisition of note by bona-fide purchaser (without notice of satisfaction)
  • Ineffective release of prior mortgage due to bankruptcy of creditor prior to recording of release (avoiding powers in bankruptcy)
  • Ineffective release of prior mortgage or lien, as fraudulently obtained by predecessor in title
  • Disputed release of prior mortgage or lien, as given under mistake or misunderstanding
  • Ineffective subordination agreement causing junior interest to be reinstated to priority
  • Deed recorded but not properly indexed so as to be locatable in the land records
  • Undisclosed but recorded federal or state tax lien
  • Undisclosed but recorded judgement or spousal/child support lien
  • Undisclosed but recorded prior to mortgage
  • Undisclosed but recorded notice of pending lawsuit affecting land
  • Undisclosed but recorded environmental lien
  • Undisclosed but recorded option, or right of first refusal, to purchase property
  • Undisclosed but recorded covenants or restrictions, with (or without) right reverter
  • Undisclosed but recorded easements (for access, utilities, drainage, airspace, views) benefiting neighboring land
  • Undisclosed but recorded boundary, party wall, or setback agreements
  • Errors in tax record (mailing tax to wrong party resulting in tax sale, or crediting payment to wrong property)
  • Erroneous release of tax or assessment liens, which are later reinstated to the tax rolls
  • Erroneous reports furnished by tax officials (not binding local government)
  • Special assessments which become liens upon passage of a law or ordinance, but before recorded notice or commencement of improvements of which assessment is made
  • Adverse claim of vendor’s lien
  • Adverse claim of equitable lien
  • Ambiguous covenants or restrictions in ancient documents
  • Misinterpretation of wills, deeds, and other instruments
  • Discovery of will of supposed intestate individual, after probate
  • Discovery of later will after probate of first will
  • Erroneous or inadequate legal descriptions
  • Deed to land without a right of access to a public street or road
  • Deed to land with legal access subject to undisclosed but recorded conditions or restrictions
  • Right of access wiped out by foreclosure on neighboring land
  • Patent defects in recorded instruments (for example, failure to attach notarial acknowledgement or a legal description)
  • Defective acknowledgement due to a lack of authority of notary (acknowledgement taken before commission or after expiration of commission)
  • Forged notarization or witness acknowledgement
  • Deed not properly recorded (wrong county, missing pages or other contents, or without required payment)
  • Deed from grantor who is claimed to have acquired title through fraud upon creditors of a prior owner
  • And extended coverage may be requested to protect against such additional defects as:

  • Deed to a purchaser from one who has previously sold or leased the same land to a third party under an unrecorded contract, where the third party is in possession of the premises
  • Claimed prescriptive rights, not of recorded and not disclosed by survey
  • Physical location of easement (underground pipe or sewer line) which does not conform with easement of record
  • Deed to land with improvements encroaching upon land of another
  • Incorrect survey (misstating location, dimensions, area easements, or improvements upon land)
  • “Mechanics’ lien” claims (securing payment of contractors and material suppliers for improvements) which may attach without recorded notice
  • Federal estate or state inheritance tax liens (may attach without recorded notice)
  • Preexisting violation of subdivision mapping laws
  • Preexisting violation of zoning ordinances
  • Preexisting violation of conditions, covenants, and restrictions affecting the land

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