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Kenny Gays
Principal Broker / REALTOR
®, SFR, ABR
Smoky Mountain Real Estate Corp.

459 Glades Road
Gatlinburg, TN 37738
Phone: 865 805-2541 Cell Direct
Office: 865 277-8115
Fax: 8777151213
Email: kennygays@investthesmokies.com

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Title Insurance When Refinancing Your Loan

Lower interest rates have motivated you to refinance your home loan. The lower rate may save you a tremendous amount of money over the life of the loan, but you should also expect to pay the lender the typical closing costs associated with any new loan, including service fees, points, title insurance protection and other expenses.

Why do I need to purchase a new title insurance policy on a refinanced loan?

To the lender, a refinance loan is no different than any other home loan. So, your lender will want to insure that their new loan is protected by title insurance, just as the original lender required. Therefore, when you refinance you are buying a title policy to protect your lender.

Why does a Lender need title insurance?

Most lenders generate loans and then immediately sell those loans to secondary market investors, such as FannieMae.

FannieMae, in order to protect its security interest in the loan, requires title insurance coverage. Even those lenders who keep original loans in their portfolio are wise to get a lenders policy to protect their investment against title related defects.

When I purchased my home, didn’t I also buy a lender’s policy?

Perhaps. Who pays for the lender’s policy on a purchase loan varies regionally and by the terms of individual contracts.

However, even if you did buy a lender’s policy when you purchased your home, the lender’s policy remains in force only during the life of the loan that was insured. If you refinance, the old loan is paid off (the “life” of the loan expires) and a new loan is issued for which the lender will require a new title insurance policy.

What about my original title insurance policy?

When you bought your home, you purchased a Homeowners title policy. The Homeowners’ policy stays in force as long as you or your heirs own the home. When you refinance, your lender will often require that you purchase a new lender’s policy to protect their new security interest in the property. Thus, you are buying a policy to protect your lender, not a new Homeowner’s policy.

What could possibly have happened since I purchased my home which warrants a new lender’s policy?

Since the time that the original loan was made, you may have taken out a second trust deed on the house or had mechanic’s liens, child support liens or legal judgments recorded against you - events that could result in serious financial losses to an unprotected lender. Regardless if it has been only 6 months or less since you purchased or refinanced your home, a myriad of title defects could have occurred. While you may not have any title defects, many Homeowners do. The only way for a lender to adequately protect itself is to get a new lender’s policy each time you purchase or refinance your home.

Are there any discounts available for title insurance on a refinance transaction?

Yes. Title companies offer a refinance transaction discount or a short-term rate. Discounts may also be available if you use the same lender for your refinance loan and your original loan. Be sure to ask your title company how they can save you money.

Article by CLTA

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Testimonials

Here is what georgethomas wrote: How likely are you to recommend this agent? highly likely Rate agent on specific characteristics Local knowledge: ***** Process expertise: ***** Responsiveness: ***** Negotiation skills: ***** Summary of their experience Kenny Gays sold 2 rental properties for me and helped me find a home in Sevierville for my personal use when I moved from Florida in 2008. As a listing Agent he helped me sell 2 rental properties in Gatlinburg during a very difficult real estate market. As a Buyers Agent he went way above and beyond the call of duty helping me find a personal residence. He spent several days searching for a property he thought I would like before I even arrived here to begin my search. He worked with me for almost a week showing me different properties before I finally made my decision. As both a Buyers Agent and a Listing Agent I found him to be helpful, sincere and honest. He always worked in my best interest and never tried to push me in any direction although he did give me invaluable advice at times. I will always be indebted to him because the house he found for me has turned out to be the house I am enjoying more than any house I've ever owned. Whenever I need to buy or sell property I will certainly contact Kenny. I highly recommend him. Service provided Helped me buy and sell homes From Zillow.com George Thomas
Kenny helped us find our dream cabin in Gatlinburg. We were unsure of the foreclosure process but Kenny helped us through the entire process and made us feel at ease with our purchase. Thank you The Marcil Family
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