Does the Title Company Attorney Protect Me?

No, the Title Company’s lawyer only represents the Title Company.  Similarly, the Lending Bank’s lawyer only represents the Bank.  The only lawyer who represents you and works to solely protect your interests is the lawyer you hire.

In Missouri, title companies are permitted to provide certain legal forms, such a form deed or marital waiver.  Their attorneys, however, represent neither the buyer nor seller; title company lawyers only represent the Title Company.

While your interests and the Title Company’s interests might often be aligned, they are not always the same.  And at times, your interests may conflict with the Title Company’s interests. 

For example, a homebuyer may be presented with documents at closing, such as an indemnity agreement, that protects the Title Company against the homebuyer. An indemnity agreement states that the homebuyer will have to pay the Title Company under certain circumstances if later there is a claim against the Title Company related to the home purchase.

In addition to making sure your interests are protected, your attorney can negotiate with the Title Company’s attorney over certain exceptions to the Title Insurance Policy.

For example, if the neighboring parcel is wrongly encroaching on your property through a misplaced fence, the Title Company may at first refuse to insure over this part of your property. This exception will limit your future ability to move the fence or build on that part of your property.

Your attorney will try to work with the Title Company’s attorney to resolve the situation in your favor.   Without an attorney on your side, the Title Company would likely not deal with this issue and your property rights could be negatively impacted.

If you would like to consult with an attorney regarding title issues, please contact our office at 314.862.2237 or email us through this website.

 

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