Many people are unsure what steps to take when someone brings a title claim on property they own. In this article, we are going to walk through the steps you should take if you have someone claiming interest in your property.
Write a Letter
If you think you might have somebody who’s claiming interest in real property you own and you have a title insurance policy that protects you, the first step to take is to write a letter to the Title Insurance Company.
The address to use can be found on the very last page of your policy jacket. If you have a 2006 ALTA Title Insurance Policy it will also be found on schedule A. The letter should describe the issue and provide any backup documentation that you have about who is making a claim against you real estate and what the nature of the claim is.
Mail the letter via certified mail to the address indicated. That will make sure that you get a record of when it was received. It’s also helpful if you copy the title agent who issued your policy because they can help expedite the process.
Once the title insurance company receives your notice of a potential claim, they will begin their investigative process. This process may involve:
- Contacting the title agent who issued the policy
- Reviewing documents – both those that you provided and those that obtained from other sources
After a period of time that is dictated by rules and regulations that are different from one state to the next, the company will respond to you and advise if your claim has been accepted, denied, or if additional time is required before making a determination.
If you have questions during the claims process, you are encouraged to hire counsel to advise you.