Q: I own a home that was quit claimed to me by my mother a few years ago. I am in the process of selling the home
Do I need to get title insurance on the quit claim deed before conveying the home to another entity?
A: Who are you trying to protect? Little late for title insurance now as you have owned property for awhile. Let buyers protect themselves, their title search should tell if your title is bad, and you cannot convey.
A: Undoubtedly in this situation the buyer will want Title Insurance. Who pays for that is a subject of negotiation in the sales process and escrow instructions. Your Realtor and the Escrow officer can provide you with information . This is a Real Property Sales question. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.
A: It is generally advisable to obtain title insurance when selling a property, even if you acquired it through a quit claim deed. Title insurance helps protect both the buyer and seller by providing coverage against any potential issues or defects in the title. It ensures that the property can be conveyed with a clear and marketable title, providing peace of mind to all parties involved in the transaction. To ensure the most accurate and informed decision, it is recommended to consult with a qualified real estate attorney or a title insurance professional who can assess the specifics of your situation and provide personalized advice based on the relevant laws and regulations in your jurisdiction.
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