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> First Title's Residential Loan Protection Policy not only gives you protection beyond that given by a solicitor's certificate, it can also remove barriers and make your client's home refinancing safe and easy.
> Why would a lender accept a Title Insurance policy instead of a solicitor's certificate?
> Will the title insurance policy cover all the things contained in a Solicitor's certificate?
> Can a lender insure a pool of existing mortgages it is purchasing?
> Can we insure our mortgages when refinancing?
> Will a title insurance policy guarantee enforceability of a mortgage?
> Will a title insurance policy cover any loss on sale if there is a defect in the property?
A lender may only become aware of a defect in the property when it needs to enforce the mortgage and sell the property. At present, lawyers acting on a refinance will almost invariably not put their other clients to the cost of obtaining a LIM report just to protect their lender client's interest. If they did, it would add to the cost and impose another barrier to refinancing.
Valuers don't search local authority records and their valuation disclaims liability for anything adverse on public records. A lender relying on the Government Valuation is unlikely to obtain a LIM Report.
Defects in title, such as a garage or deck not being included on the cross lease plan, may give a purchaser from the lender the right to rescind or reduce the purchase price. The title insurer now takes these risks and covers the lender against loss from title defects or anything adverse to the property on public records.
Have a look at the Claims Examples and the Home Buyers & Sellers pages. The risks outlined on these pages could easily reduce the value of the property for a lender when selling.
> What will the title insurer do to ensure I get a registered mortgage?
> How will the changes to the Law Practitioner's Act affect a title insured lender?
> How does title insurance cover fit in with Lender's Mortgage Insurance?
> What are the risks covered?

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