Title Insurance Claims
A title insurance claim is a demand for coverage when a defect in property ownership is discovered after closing — an undisclosed lien, forged deed, recording error, or unknown heir. Unlike other insurance covering future risks, title insurance covers past events missed during the title search. Claims can arise years after purchase and may be filed by the lender or the homeowner.
How Do Title Insurance Claims Arise?
Title insurance covers defects in property ownership that existed before the policy date but were not discovered during the title search. Common claim triggers include:
- Hidden liens: Tax liens (federal, state, or municipal), judgment liens, mechanics' liens from prior construction work, or HOA assessment liens that were not recorded or were missed during the search
- Recording errors: Misspelled names, incorrect legal descriptions, improperly notarized documents, or filings in the wrong county recorder's office
- Forgery and fraud: Forged signatures on deeds or mortgage releases, fraudulent seller identity, or notary fraud — these claims can challenge the entire chain of title
- Unknown heirs or missing parties: An heir who was not included in a probate proceeding, an ex-spouse whose interest was not properly conveyed, or a co-owner who did not sign the deed
- Boundary and survey disputes: Encroachments, incorrect surveys, or adverse possession claims — enhanced owner's policies typically cover these
Lender's Policy vs. Owner's Policy Claims
These two policies protect different interests and have different claim dynamics:
- Lender's policy: Required by the mortgage lender, covering the outstanding loan balance. The coverage amount decreases as the loan is paid down. If a title defect threatens the mortgage lien position, the lender files a claim. The lender's policy expires when the mortgage is paid off or refinanced.
- Owner's policy: Optional but strongly recommended, covering the full purchase price (and in enhanced policies, appreciated value up to 150%). Protects the buyer's equity interest. Lasts as long as the owner or their heirs have an interest in the property — potentially forever.
In a foreclosure scenario, the lender's title policy is critical. If the foreclosing lender discovers a superior lien or title defect that threatens its mortgage position, the title insurer's obligation to cure the defect or pay the claim depends on the policy's covered risks, exclusions, conditions and limits.
Title Claims in Foreclosure Situations
Foreclosures generate a disproportionate share of title insurance claims because:
- Mortgage assignment chains: During the 2000s securitization era, mortgages were often transferred multiple times through MERS and private trusts. Missing or defective assignments can challenge standing to foreclose.
- Robo-signing legacy: Between 2008-2012, servicers and foreclosure mills executed millions of documents with forged signatures or without proper authority — some of these defects surface years later
- Tax lien sales: If a municipality sells a tax lien and the buyer forecloses, the resulting deed may be challenged if proper notice wasn't given to all parties
- REO properties: Bank-owned properties sold after foreclosure often have accumulated title defects — judgment liens, utility liens, and HOA assessments that attached during the foreclosure period
Filing a Title Insurance Claim
If you discover a potential title defect, notify your title insurance company in writing immediately. The insurer will investigate and either: cure the defect (clear the lien, correct the record), defend you against the claim in court, or pay the claim up to the policy limit. Do not attempt to resolve title issues yourself before contacting the insurer — you may compromise your coverage.
State-by-state differences
Title insurance regulation and claims processes vary by state. Some states set title insurance rates by regulation, while others allow competitive pricing. Recording systems, lien priority rules, and statute of limitations on title claims all differ by jurisdiction.
| State | Key difference |
|---|---|
| Florida | Title insurance rates are promulgated (set) by the state Office of Insurance Regulation. Florida has a notice recording statute: a later buyer without notice of an earlier unrecorded instrument can prevail. High foreclosure activity during 2008-2012 generated significant title claims. |
| New York | Department of Financial Services regulates title insurance rates. New York is a 'race-notice' state. Attorney closings are standard. The lis pendens recording system creates public notice of foreclosure actions that affects title. |
| California | Competitive title insurance market with rates filed with the Department of Insurance. California is a 'race-notice' state. Title insurance companies must maintain reserves for claims. Deed of trust reconveyance defects are a common claim source. |
| Texas | Texas Department of Insurance sets title insurance rates — no deviation allowed. Basic and enhanced owner's policies available. Texas property code governs mechanic's lien priority (constitutional lien gives contractors strong rights). |
| Iowa | Iowa is the only state where title insurance is issued by a state-run entity (Iowa Title Guaranty division of the Iowa Finance Authority). Private title insurance is effectively prohibited. Claims are handled by the state program. |
Questions about title insurance claims
How long do I have to file a title insurance claim?
An owner's title insurance coverage may continue as long as you or your heirs own the property, but that doesn't give you unlimited time to report a claim. However, you should notify the insurer promptly upon discovering a potential defect. The lender's policy covers claims only while the mortgage is outstanding.
What happens after I file a title insurance claim?
The title insurer investigates the claim, typically within 30-90 days. They may: cure the defect (pay off a lien, correct a recording error), defend you in court against a third party's claim, negotiate a settlement, or pay the claim up to the policy limit if the defect cannot be cured.
Does title insurance cover boundary disputes with neighbors?
Standard lender's policies may not cover boundary disputes. Enhanced owner's policies (ALTA Homeowner's Policy) typically cover encroachment issues, boundary line disputes, and survey errors discovered after closing — but not disputes that were known before purchasing.
Can a title insurance company deny my claim?
Yes. Common denial reasons include: the defect was a known exception listed in Schedule B of the policy, the claim falls outside policy coverage, the insured failed to notify promptly, or the defect arose after the policy date. Review Schedule B exceptions carefully at closing.
Do I need title insurance if I'm buying a foreclosed property?
Title insurance is especially important for foreclosure purchases. REO properties and foreclosure auction sales carry elevated title risk: potential robo-signing defects, unreleased liens, tax liens, HOA assessments, and challenges to foreclosure standing can all cloud title.
Key facts
- The most common title insurance claims involve tax liens (unpaid property or IRS liens discovered after closing), judgment liens, mechanics' liens from unreported contractor work, and errors in the legal description.
- Forgery and fraud claims, while less frequent, produce the largest losses — a forged deed can result in a claim for the full property value, which is why owner's title insurance is strongly recommended.
- An improper prior foreclosure can cause a title defect.
Sources and method
- American Land Title Association (ALTA), at alta.org
- CFPB — What Is Title Insurance? at consumerfinance.gov
- National Association of Insurance Commissioners — Title Insurance, at content.naic.org
- Cornell Law Institute — Title Insurance, at law.cornell.edu
- California Department of Insurance, at insurance.ca.gov
- tdi.texas.gov, at tdi.texas.gov
We write with assistance from AI tools. Figures come from the data and sources named on this page.