Everything You Ever Wanted to Know About Title Insurance

What is title insurance?

title [ˈtī-təl]
A right or claim to the ownership of property

title insurance [ˈtī-təl – in-ˈshu̇r-ən(t)s]

Who pays for title insurance?

It depends on local custom. In the DC metro area traditionally it is the homebuyer who pays for title insurance and title services.

Because the person who pays for the policy selects the title insurance company, it is the homebuyer’s right to shop for and choose the title company and closing agent that will process closing.

Do I have to buy title insurance?


A second kind of title insurance policy, known as the owner’s title insurance policy, is optional. Owner’s title insurance protects the homebuyer for the full amount of the property’s value. Most real estate professionals advise in favor of purchasing owner’s title insurance protection. Find out why on the next slide.

Why would I buy an owner's title insurance policy if it's optional?

Unlike most types of insurance we buy to protect us in the future, title insurance covers past title problems that come to light after you’ve closed on your home. Lost, forged or incorrectly filed deeds as well as property access issues and liens on a property are a few examples of title issues that may not be identified at the time of closing.



What types of owner's title insurance policies are available?

You’ll have the option to choose between two types of owner’s title insurance policies, and you can wait all the way up until the day of closing to make your final decision.



Do all title companies charge the same amount for title insurance premiums?



This is another reason we encourage homebuyers to shop several title companies before making a final selection.

Are title fees regulated by the state or local government?

Title company fees are not regulated by state or local government (yet). Because title companies differ in their operational costs and losses experienced (i.e., title claims paid), service fees vary. In the DC metro area, title company fees vary by as much as $1,000 more more.

This is yet another reason we encourage homebuyers to shop several title companies before making a final selection.


What title insurance premium discounts, if any, are available?




Are there other ways a homebuyer can save at the closing table?

The No. 1 way to save on closing costs is to shop for title services by comparing title insurance premiums and title service fees. Title insurance and title fees make up on average about 30 percent of closing costs, which represents the single largest pot of closing costs that are variable.

There’s not much wiggle room in the other two pots: Taxes paid at closing are based on the purchase price (read: non-variable) and account for roughly 55% of closing costs. Loan costs make up around 15% of closing costs, and lenders’ costs are required by law to remain constant throughout the entire transaction or else pay hefty fines.

The No. 2 way to save on closing costs is by selecting the Standard title insurance policy over the Enhanced (provided it is the best choice for your unique homebuying situation; consult your closing agent). Many title companies quote the more expensive Enhanced policy right off the bat. By requesting a Standard policy, you could lower your title insurance premium by about 15%.

How do I shop and compare title companies?

In the age of high speed Internet, it’s easier than ever to obtain quotes from several local title companies online. These days most title companies offer some kind of Web tool for generating quotes for title insurance and title services.

In fact, a title company that is not technologically advanced or transparent enough to offer online quotes, or one that does not openly publish its title service fees on its website, should raise a big red flag in your mind as a consumer.

How do I interpret quotes received while shopping for title services?

The best way to decipher your closing costs quotes is to compare the “costs at closing” listed at the bottom of Page 1 on your preliminary Closing Disclosure like the one you can create here.

Become familiar with some of the tricks title companies play that give the appearance their rate is lower. For example, some title companies will publish a very low settlement fee and then in the fine print tell you it doesn’t include costs for a bevy of title services that are typically involved in a real estate purchase – those fees are extra. Be sure to confirm what all is included in the settlment fee when you receive your quote, or ask if the fee is all-inclusive.

Once you’ve determined the true settlement fee for each title company, you’ll be able to do an apples-to-apples comparison and choose the title company that is right for you.

Can't my real estate agent or lender choose a title company for me?

While getting title company recommendations from a real estate agent or lender can be useful, homebuyers should be aware that these agents may be encouraged by their bosses to refer homebuyers to a “preferred” title company that is affiliated with their company via an Affiliated Business Arrangement (ABA) or Marketing Service Agreement (MSA).


The federal government has gone to great lengths over the past several years to make sure consumers understand exactly what they’re signing up for when they purchase a home with a bank loan. As an extension of the mortgage industry, title companies are now strongly encouraged to clearly outline their fees.

The good news is it’s getting easier for homebuyers to shop, compare and save on title services.

So what exactly are ABAs and MSAs?

The Affiliated Business Arrangement (ABA) is a business model in which the title company incentivizes business referral sources by offering a legal “kickback” or share in the profit for each closing they refer. It’s considered legal only if the business relationship is disclosed in the closing documents.

However research shows most homebuyers remain unaware of how these kinds of relationships affect their real estate closings. The same research shows when made fully aware, the vast majority of homebuyers prefer choosing an independent title company that does not benefit financially from their closing.

Recent legislation suggests the government is catching on and cracking down on these legal kickbacks.

On the other side of the coin is the Marketing Service Agreement (MSA), which is a business model where the title company incentivizes business referral sources by paying all or a portion of the referral source’s marketing costs. An example would be if a real estate agent placed an advertisement in the local newspaper, and their “preferred” title company paid for it. Another example would be if a real estate agent hosted a client cultivation event, and the title company footed the bill.

MSAs have been under intense scrutiny in recent years because they teeter on the edge violating the title industry’s guiding legislation, the Real Estate Settlement Procedure Act. In a nutshell, RESPA says title agents are prohibited from offering referral sources a “thing of value” in exchange for business. (It’s worth noting RESPA applies to lenders, too.)

Because these ABA and MSA title companies are sharing a portion of their profit with their referral sources, they tend to have higher fees. In other words, the added cost is passed through to the homebuyer resulting in higher closing costs.

My lender says I must buy a new title insurance policy when I refinance. Why?

During the course of a refinance, your lender will pay off the original home loan and grant a new one that will require its own title search and title insurance policy. The good news is you won’t have to buy a new owner’s title insurance policy.

I am ready to order title services. How do I do that?

When it’s time to order title services, you or your real estate agent can visit federaltitle.com/order to place a request for title services. The process takes all of five minutes, and no monies are exchanged until the day of closing.

Closing Costs By The Numbers


As you can see from the donut charts above, taxes make up the bulk of closing costs for purchases in Maryland, Virginia and the District of Columbia followed by title fees. That’s why it’s so important for homebuyers to shop for title services. If math is not your forte, try our free iOS and Web app to calculate your total cash to close.

About 30% of Closings Hit Title ‘Snags’

Title agents discover an issue with title in roughly 1 in 3 closings. Most title issues are resolved pre-closing, but about 5%result in a title claim.Oftentimes, buyers and sellers never have to hear about the behind-the-scenes curative work that goes on pre-closing. This is because most consumers choose to purchase an owner’s title insurance policy.

Title Industry at a Glance






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