How is title insurance used in commercial real estate transactions?
Title insurance is a form of protection utilized in the commercial real estate industry for both buyers and lenders. It is a contract of indemnity between an insurer and the buyer or lender that covers financial losses due to title defects and disputes. Title insurance can be used to defend against fraudulent activities, encroachments, liens, forgery, and a variety of other threats. Title insurance is an important part of the process when buying commercial real estate in Virginia. The buyer is responsible for obtaining title insurance, which is typically done through a title agent or attorney. The title agent or attorney orders title search to identify problems with the title. The title search uncovers all current and potential title defects or impurities, which are then documented in a title findings report. This report is reviewed by the title insurer who then issues the title insurance policy. The property owner then pays the premium for title insurance at the closing. Title insurance typically covers the buyer for the entire life of the property. After the title policy has been issued, it is then recorded in the public record. If a dispute arises after the transaction is complete, the title insurance policy may cover the buyer, lender or both parties for losses. By using title insurance in commercial real estate transactions, buyers and lenders are protected from potential title defects and disputes. It allows for a more secure and reliable real estate transaction in Virginia.
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