Title insurance protects property owners and lenders against financial loss from defects in the title to real estate — problems like undisclosed liens, forged deeds, missing heirs, or recording errors that existed before you bought the property. At Ament Law Group, our attorneys are licensed title insurance agents through Chicago Title, Commonwealth, and First American. We conduct the title search, resolve title issues, issue the policy, and attend your closing — all in-house, all under attorney supervision.
What Title Insurance Actually Does
Most insurance protects you against things that might happen in the future — a fire, an accident, a medical bill. Title insurance is different. It protects you against things that already happened, before you ever owned the property, that could affect your right to own and use it.
When you buy real estate, you are buying a chain of ownership that may stretch back a hundred years or more. Every deed, mortgage, lien, easement, judgment, and court order in that chain must be accounted for. If any link is broken — a forged signature, an estate that was never probated, a tax lien that was never paid, an heir who was never notified — your ownership can be challenged. Title insurance is the safety net that covers you if something in that chain was missed.
Owner's Policy vs. Lender's Policy
There are two types of title insurance, and they protect different parties:
- Lender's policy. Your mortgage lender requires this. It protects the lender's interest in the property — not yours. If a title defect surfaces and the lender suffers a loss, the lender's policy covers the lender. You are not covered.
- Owner's policy. This protects your equity in the property. It is optional, but we recommend it for every buyer. The owner's policy is a one-time premium paid at closing that protects you for as long as you own the property — and even after you sell, if a covered claim arises from your period of ownership.
When both policies are issued simultaneously (which is standard when you are financing the purchase), the combined premium is discounted. There is no reason to skip the owner's policy.
Why We Do Title Insurance Differently
Most law firms and many settlement companies outsource their title work. They send the order to a third-party title search company, receive a report back, and pass it along to the client. The attorney or settlement agent may never actually read the underlying documents, trace the chain of title, or evaluate whether an exception on the title commitment is a real problem or a routine item.
We do it differently. Our attorneys are licensed title insurance agents through three nationally recognized underwriters:
- Chicago Title Insurance Company
- Commonwealth Land Title Insurance Company
- First American Title Insurance Company
This means three things for our clients:
1. The Attorney Who Reviews Your Title Is the Attorney at Your Closing
When we conduct a title search, an attorney reads the documents, traces the chain of ownership, and evaluates every lien, mortgage, judgment, and exception. That same attorney prepares your title commitment, explains what the exceptions mean, resolves title issues before closing, and sits across from you at the settlement table. There is no handoff to a processor. There is no gap between the person who found the problem and the person responsible for fixing it.
2. We Can Resolve Title Issues That Others Cannot
A title company employee can identify a problem. An attorney can fix it. When a title search reveals an unreleased mortgage from 1998, an estate that was never probated, a boundary dispute that requires a corrective deed, or a lien that needs to be negotiated down — those are legal problems that require legal solutions. We handle the resolution in-house rather than referring you to outside counsel or delaying your closing while someone else figures it out.
3. Your Title Insurance Premium Is the Same
Pennsylvania regulates title insurance rates. The premium you pay for a policy issued by our attorneys is the same premium you would pay at any title company, any settlement office, or any other agent in the state. The cost is identical — what you get for that cost is not.
What a Title Search Uncovers
A title search examines public records — deeds, mortgages, liens, judgments, tax records, and court filings — to verify that the seller has clear, marketable title to the property. In Western Pennsylvania, where many properties have long and complex ownership histories, our searches regularly uncover issues that require attention before closing:
- Unreleased mortgages. A prior owner paid off their mortgage years ago, but the lender never filed a satisfaction piece. The mortgage still appears as a lien on the property. We track down the lender or use Pennsylvania's Satisfaction of Mortgage Act to clear it.
- Unprobated estates. A prior owner died and the property was never properly transferred through probate. The deed still shows the deceased owner's name. We work with the estate or heirs to obtain the necessary legal authority to convey clear title.
- Tax and municipal liens. Unpaid property taxes, water and sewer charges, or municipal code violation fines that attach to the property and must be paid before the sale can close.
- Judgment liens. A court judgment against the seller creates a lien on all real property they own in the county. We verify whether the judgment has been satisfied and, if not, arrange for payoff at closing.
- Easements and encroachments. A utility easement, a shared driveway agreement, or a neighbor's fence that crosses the property line. We explain what these mean for your use of the property and whether they require resolution.
- Deed description errors. The legal description in a prior deed does not match the survey or references landmarks that no longer exist — common in older Westmoreland and Allegheny County properties. We prepare corrective deeds to fix the chain.
Title Insurance for Different Transaction Types
We issue title insurance for every type of real estate transaction:
- Residential purchases — First-time buyers, move-up buyers, downsizers, and relocations throughout Western PA.
- Refinances — A new lender's policy is required each time you refinance. We handle the title update and issue the new policy.
- Commercial transactions — Commercial title searches are more complex, involving lease assignments, environmental considerations, zoning compliance, and multiple entity structures. Learn more about our commercial real estate services →
- Investment properties — Rental properties and multi-unit buildings frequently have title complications from prior owners. Learn more about our investment property services →
- Estate transfers — When real property passes through an estate, title insurance is needed for the transfer to heirs or for a subsequent sale. We handle both the estate administration and the title work.
- For sale by owner — FSBO sellers need a settlement agent and title insurance just like any other transaction. Learn more about our FSBO services →
Frequently Asked Questions
Do I really need an owner's title insurance policy?
It is technically optional, but we strongly recommend it. Your lender's policy only protects the lender. If a title defect surfaces after closing — an undisclosed heir, a forged deed in the chain, a lien that was missed — the lender is covered but you are not. An owner's policy protects your equity for as long as you own the property. The one-time premium at closing is modest compared to the protection it provides.
Why does it matter whether my title agent is an attorney?
A title company can process a transaction. An attorney can identify and resolve legal issues within the transaction. When a title search reveals a problem — an unreleased lien, an estate that needs to be opened, a boundary dispute — that is a legal matter. A title company employee will flag it and wait for someone else to fix it. An attorney resolves it directly, often without delaying your closing.
Is the title insurance premium negotiable?
No. Pennsylvania regulates title insurance rates, so the premium is the same regardless of which agent or company issues the policy. Your decision should be based on the quality of the title search, the expertise of the person reviewing your transaction, and the level of service you receive — not on price, because the price is the same everywhere.
What is a title commitment?
A title commitment is the document issued before closing that sets out the terms under which the title insurance company agrees to issue a policy. It lists the requirements that must be met before closing (such as paying off an existing mortgage) and any exceptions to coverage (such as easements or restrictions). We review every title commitment with our clients and explain what the requirements and exceptions mean for their specific transaction.
Call (724) 733-3500 or schedule a consultation to discuss your real estate transaction.