Friday, June 24, 2011

Title Insurance Considerations For Lenders Foreclosing In California

Lexology reports:

  • With mortgage defaults on the rise, a growing number of lenders are being forced to foreclose on their collateral, either judicially or non-judicially, exercising the private power of sale.
  • Once a lender determines that it must take title to the property securing the loan, it is important that the lender understand what title coverage it has and needs during and after the foreclosure process.
  • What protection does a Trustee Sale Guaranty and/or Litigation Guaranty provide the lender? Does the lender’s current Lender’s Title Policy provide it with sufficient protection, or does the lender want to obtain a new Owner’s Title Policy?
  • The following is a description of the title protection that a Trustee Sale Guaranty and Litigation Guaranty provide a California lender and a brief discussion of the factors to consider when deciding whether to obtain an Owner’s Title Policy after a foreclosure sale.

For more, see Title insurance and foreclosure: What type of title coverage do lenders need in connection with a foreclosure in California? (paid subscription required; if no subscription, GO HERE).

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