Quit-Claim Affect on Title Insurance? - Posted by M

Posted by David Krulac on August 07, 2004 at 07:28:36:

check with your insurer, but I think that the change in ownership terminates the title insurance.

Quit-Claim Affect on Title Insurance? - Posted by M

Posted by M on August 06, 2004 at 14:19:40:

I want to quit-claim a SFH that I own personally into my LLC. I am unclear on how that affects the title insurance already in place. Thanks.

Re: Quit-Claim Affect on Title Insurance? - Posted by Steve Parker

Posted by Steve Parker on August 16, 2004 at 07:41:58:

While talking to the attorney (yes, do it), ask their opinion on two possible options:

  1. Get an endorsement from your current title insurer for the transfer. May cost a few bucks but should be much cheaper than a new policy.

  2. Find out whether the current policy actually terminates or just doesn’t cover the transfer to the LLC. For example, you do the quit claim deed and later run into a title issue from prior to that transfer. The LLC could sue the grantor of the deed (you), who in turn would rely on that title policy to defend the issue.

I had an attorney recommend #2 to me when transferring my primary residence into a living trust and he said the same would hold true for an investment property going into a LLC I own. The title company covered the living trust transfer for free but I haven’t been down that path with an investment property going into LLC yet.

To your wealth,

Steve

Re: Quit-Claim Affect on Title Insurance? - Posted by john bruno

Posted by john bruno on August 07, 2004 at 21:33:55:

Forget the title company, check with a real estate attorney.

Importantly, I would be concerned with the IRS considering it as a “transfer of an interest” which might be a taxable event!

Talk with a REAL ESTATE ATTORNEY on this one.