Insurable Title | Practical Law

Insurable Title | Practical Law

Insurable Title

Insurable Title

Practical Law Glossary Item 3-567-6245 (Approx. 3 pages)

Glossary

Insurable Title

Title to real property that may have an encumbrance or cloud on the property, but the title insurance company is willing to "insure over" the encumbrance or cloud and issue a title insurance policy.
For example, if a property is encumbered by the lien of an open mortgage that has not been released or satisfied of record, the title is considered to be unmarketable. However, if the title insurer has received satisfactory evidence that the mortgage was paid in full, the title insurance company will:
  • Insure over the mortgage.
  • Omit the title defect from the Schedule B list of exceptions.
  • Issue the title insurance policy.