Closing questions

Do I need an owner's title policy if my lender already requires one?

A lender's policy protects the bank, not you, and ends when the loan is paid. What an owner's policy adds on a New York purchase, and what it costs to skip.

Do I need an owner's title policy if my lender already requires one?

Quick Answer

A lender's policy protects the lender only, up to the loan balance, and only while the loan exists. When the mortgage is paid off, that coverage ends. An owner's policy protects you and your heirs for as long as you hold title, for the full insured amount, on a premium paid once.

The two policies are often confused because they are issued at the same closing, on the same search, out of the same file. They insure different people. The lender's policy names the mortgage holder as the insured and its amount declines with the loan balance.

Consider a purchase at one million dollars with a seven hundred fifty thousand dollar loan. If a claim arises after ten years of payments, the lender's policy responds to the outstanding balance and the lender's loss. The equity built up over those ten years is not insured by that policy.

An owner's policy also carries the duty to defend. If a party claims an interest in the property, the insurer defends the covered claim at its cost. Without an owner's policy that defense is paid out of pocket, which on a contested chain of title issue is the larger exposure.

When an owner's policy and a lender's policy are issued on the same transaction, the lender's policy is written at a simultaneous issue rate, so taking both at once is materially less than buying them separately. Ask for both numbers side by side before you decide.

Can I add an owner's policy later?

Not on the same terms. The policy is written as of the date of the insured deed, so a policy taken years later would have to be underwritten on a fresh search and would not reach back to defects that surfaced in the meantime. The decision belongs at the closing table.

Does a cash purchase still need title insurance?

There is no lender requiring it, so nobody will insist. A cash buyer also has one hundred percent of the equity exposed and no lender's underwriting as a second set of eyes on the file. The owner's policy is the only title coverage on a cash deal.

What else should you read before closing?

In the glossary

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