Will transfer of title cause loss of insurance coverage?

Will transfer of title cause loss of insurance coverage?

Member since 2019 · 92 posts · 56 votes

Client took title to property as follows:

John Smith, as trustee of the Amended and Restated John Smith Trust dated January 1, 2006

He received an Owner’s Policy with insured named as:

John Smith, as trustee of the Amended and Restated John Smith Trust dated January 1, 2006

Facts: At closing, he paid CASH and John Smith was also the Beneficiary of the Trust.

Now he wants to deed out title as follows:

John Smith, a single man and Debbie Johnson, a single woman, as Joint Tenants

Question: Could he lose title insurance coverage if he deeds out?

Standard Policy Jacket language:

2.CONTINUATION OF INSURANCE

The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.

Thank you in advance for your comments

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    6y

    @Tom Gimer is a title attorney. He may be familiar with this situation.

  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    6y

    Maybe. 

    If the transfer was the other way -- from individual to trust -- the answer would be yes. But the Insured in this case is the Trustee and/or the Trust, not John Smith as an individual, and certainly not Ms. Johnson. The cash purchase also factors in here. So perhaps a warranty deed is what would be necessary to keep the coverage intact.

    But... there are risks in doing that blind. For example, what if Ms. Johnson is hiding a massive judgment entered against her in another state? Creditor finds out she now owns property, records their foreign judgment, and boom, your equity is gone and the property is levied and sold. 

    Best course of action is to reach out to the title insurer BEFORE any transfer to determine what will be required (I'm thinking current judgment/lien searches on the would-be joint tenants, at a minimum) to obtain an endorsement to the owners policy.

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