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Law Firm of Badeaux & Associates
Law Firm of Badeaux & Associates

550 Egret Bay Boulevard, Suite 121
League City, TX 77573
(832) 569-2218
(Intersection of Egret Bay and Barger St)

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HomeFrequently Asked QuestionsDoes title insurance guarantee…

Does title insurance guarantee perfect title?

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Does title insurance guarantee perfect title?

No, title insurance is nothing more than an insurance policy that provides good and marketable title to the property being insured. However, this does not mean that title insurance guarantees perfect title. As with all insurance, there are a number of different types of policies and endorsements. There are also many exceptions to title, which all tie back into information in the preliminary title commitment. These include specific exceptions listed on the property to be insured. Specifically, items listed in Exhibit B of the title commitment are pre-existing matters on the property that the title company is not insuring. The title company lists things on Schedule B to shift the burden of those problems to the buyer. Examples of items listed in Schedule B include: easements, restrictions, mineral drilling, boundary disputes and mineral or farm leases.

One standard exception, for example, is that the insurance will only be provided for exceptions to title that are reflected by the public records. Unless a special endorsement is obtained, there’s no obligation on the insurance company to insure against defects in title that would have been apparent from surveying or otherwise physically inspecting the property.

There are also different types of policies. For example, it’s customary for a seller to pay for standard coverage for the buyer that insures that the deed from the seller is conveying the title that it purports to convey, subject to exceptions in the title report. If a buyer wants additional protection against third party claims, the buyer can purchase an owner’s policy. If a loan is involved, a lender’s policy will be required that specifically insures the lender’s loan and lien position.

Practice Areas

Wills and Estates

  • Wills and Trusts
  • Powers of Attorney and Directives to Physician
  • Why Choose Us for Wills & Trusts
  • Estate Taxes
  • FAQ Wills and Estates

Probate

  • Probate Estate Administration
  • Why Choose Us for Probate
  • Executor and Trustee duties
  • Guardianship of Incapacitated Person
  • FAQ Probate

Real Estate Law

  • Real Estate
  • Why Choose Us for Real Estate
  • FAQ Real Estate
  • Commercial Real Estate
  • FAQ Commercial Real Estate

Business Law

  • Business Law
  • FAQ Business Law
  • Buy-Sell Agreements
  • Franchises

Read Client Reviews

Meet Our Attorneys

joanne
Joanne M. Badeaux
Senior Attorney
In her 30 years of practicing law, Joanne M. Badeaux has had the pleasure of representing multiple generations of families in their estate planning, probate and real estate matters. Joanne has seen a… Read More About Joanne
Annabel Moore's Profile Image
Annabel Moore
Attorney
Attorney, Annabel Moore, focuses her practice on estate planning, wills, trusts and probate. Annabel Moore serves as of counsel with the law firm of Badeaux & Associates on particular cases. She e… Read More About Annabel

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Law Firm of Badeaux & Associates
550 Egret Bay Boulevard, Suite 121
League City, TX 77573
Phone: (832) 569-2218
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