Mrres COLUMNS Jan/Feb 2018.Indd
THE COLUMNS hen purchasing real prop- the seller is transferring marketable title. erty, such as a condo- minium apartment, single In the event that, after closing, a third party or multi-family home, seeks to recover a debt secured by the co- Wthere is never a question of whether or operative apartment, the owner can make not title insurance will be purchased in a claim against the title insurance policy and order to protect the future owner against the title company that issued the cooper- claims of creditors, fraud, forgery, liens, ative title insurance policy will provide the rights of ownership, or loss of proper- owner with a legal defense. In the event ty. However, it has not been customary of a loss, the title company will pay out on to procure title insurance for shares in a the claim in an amount up to the policy cooperative corporation when buying a amount, which is the purchase price of the cooperative apartment. cooperative apartment. The legal defense itself may easily exceed the nominal cov- When purchasing a cooperative apart- erage offered by the lien search alone. It ment, a lien search is obtained to reveal should be noted that a lien search does not any and all liens and/or encumbrances that cover the costs of defending against a claim may be against a specific unit. The lien or action. search, obtained through a title company, does not insure ownership or that any such As an example, if a lien search failed to liens and/or encumbrances are, or will be disclose a UCC-1 Financing Statement (a cleared from record prior to or at closing.
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