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Encumbrances; Liens; Title Transfer and Recording; Leases

Title Insurance

Title insurance protects a buyer or lender against losses from defects in the title that existed before the policy date, such as forged deeds, undisclosed liens, or gaps in the chain of title. Unlike other insurance, it covers past events and is paid for with a one-time premium at closing.

Title insurance sits in the Title Transfer and Recording section, where the exam tests the difference between an owner's policy and a lender's policy, and between standard and extended coverage. Questions typically describe a title defect and ask who is protected.

All Encumbrances, Liens, Title Transfer and Leases practice questions

Insurance against the past

Title insurance is unlike any other policy you will study. Health, auto, and homeowner's insurance protect against events that happen after the policy begins. Title insurance protects against defects that already exist when the policy is issued, problems lurking in the public record before the buyer ever signed a contract. The title company searches the record, identifies known defects, and then insures the buyer against the unknown ones the search may have missed.

What a policy covers

A standard owner's policy protects against recorded title defects: a forged deed, an incompetent grantor, a document signed under duress, or a break in the chain of title. Extended coverage adds hazards that may not be in the public record, including unrecorded liens, unrecorded ownership claims, and recording errors. The policy promises to defend the insured in court and to pay actual losses up to the policy amount. What it does not cover is anything the buyer creates after closing, and it typically excludes defects the buyer already knew about.

Owner's policy versus lender's policy

Two separate policies usually appear at a closing. The lender's policy protects the mortgage lender and is generally required before the loan funds. Its coverage equals the loan balance and decreases as the borrower pays down the principal. The owner's policy protects the buyer and remains at the full purchase price for as long as the buyer or their heirs hold title. A buyer who wants protection must purchase the owner's policy; the lender's policy does nothing for them.

A concrete example

Nadia buys a house and, at closing, pays for both a lender's policy and an owner's policy. Two years later a contractor records a mechanic's lien for work done before Nadia owned the property, and it was never disclosed in the search. The owner's policy defends Nadia and covers the loss, while the lender's policy independently protects the bank's interest in the loan. Had Nadia bought only the lender's policy, the bank would be made whole and Nadia would carry the cost.

Why it is paid once

Title insurance is bought with a single premium at closing and stays in force with no renewals. That is possible because the company has already searched the past and priced the risk of hidden defects, rather than betting on future accidents. The cost is one of the closing costs a buyer should expect, and it is typically the buyer's choice whether to add the owner's policy alongside the required lender's policy.

How this appears on the exam

Title insurance questions ask who is protected and against what. Identify the policy first: an owner's policy protects the buyer, a lender's policy protects the bank. Then identify the coverage tier: standard covers recorded defects, extended adds unrecorded ones. Keep those two axes straight and the common distractors, the buyer protected by the lender's policy and marketable title confused with insured title, both fall away.

Memory trick

PAID

Four facts that separate title insurance from every other policy: P-A-I-D.

  • P

    Past events: title insurance covers defects that already existed before the policy was issued, not future accidents

  • A

    At closing: the premium is paid once at closing and the policy stays in force with no renewals

  • I

    Indemnity: it protects the named insured against actual monetary loss from a covered defect

  • D

    Dual policies: the buyer's owner's policy and the lender's loan policy are separate contracts

Screenshot this: PAID is how you'll remember title insurance on exam day.

How the exam tricks you on this

The classic distractor is the lender's policy protecting the buyer. A lender's title policy protects only the lender, only up to the amount of the loan, and it shrinks as the loan is paid down. A buyer who wants protection must purchase a separate owner's policy. A scenario in which the buyer relied on the lender's policy and then suffered a loss leaves the buyer holding the bag.

Two more patterns to watch:

  • Standard versus extended coverage. A standard owner's policy protects against recorded defects: forged documents, incompetent grantors, and breaks in the chain of title. Extended coverage adds risks that may not appear in the public record, such as unrecorded liens and unrecorded ownership claims. Read which policy the question names before you answer.
  • Marketable title is not insured title. Marketable title means title free of undisclosed defects and encumbrances, and it is a contract requirement. It does not mean the title is guaranteed or insured. A distractor that treats a title certificate or an attorney's abstract as proof of marketable title is testing that distinction.

Try real exam questions on title insurance

These come straight from our question bank: answer to see the explanation instantly.

Question 1 of 3

A buyer has signed a contract to purchase a property, but is uncertain of the condition of the title. Which of the following parties is legally responsible for knowing the condition of the title?

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Written by ApexAgent Team

Reviewed against 2026 exam outlines · Updated October 4, 2026