Contact Information:

40 Western Avenue
PO Box 655
Hampden, ME 04444

Fax:  207-862-3133

Hampden Title - F.A.Q.

Areas of Practice:

What is a title search?
A title search is a procedure performed when a parcel of property is being transferred to new ownership, through either a sale or inheritance. The purpose of this report is to investigate the history of the property through relevant records for any variances or irregularities associated with the property.

The resulting report filed from a title search is called an Abstract or an Abstract of Title. It precludes a Deed and is one of the processes that real estate law requires when transferring ownership. The mortgage company also requires it before any loan can be approved.

What issues can a title search reveal?
A title search can show any number of title defects, liens, and other encumbrances and restrictions. Among these are unpaid taxes, unsatisfied mortgages, judgments against buyers/sellers and any restrictions or conditions limiting the use of the land.


What is Title Insurance?
Purchasing a home or property is one of most important investment you are going to make. Title insurance is a special policy that protects the insured against loss should the condition of title to the land be other than as insured. Title insurance can be issued to either the buyer and or the lender. Unlike other types of insurance that offer protection against future possible occurrences, title insurance offers protection against past occurrences which could result in a claim at a future date. Coverage continues in effect for so long as you have an interest in the covered property. If you should die, the coverage automatically continues for the benefit of your heirs. If you sell your property, giving warranties of title to your buyer, your coverage continues. Likewise, if a buyer gives you a mortgage to finance a purchase of covered property from you, your coverage continues to protect your security interest in the property. Title insurance provides the insured with "peace of mind" in knowing that you are receiving good and marketable title to the real estate you are purchasing.

Why should I buy and owners policy?
When you buy a home, or any property for that matter, you expect to enjoy certain benefits from ownership...to be able to occupy and use the property as you wish, to be free from debts or obligations not created or agreed to by you, and to be able to freely sell or pledge your property as security for a loan. Title insurance is designed to cover these rights. Without an owner's title insurance policy, you may not be fully protected against errors in the public records, hidden defects not disclosed by the public records, or mistakes made during the examination of the title of your new property. As a result, you may be held fully accountable for any liens, judgments or claims brought against your new property. However, your owner's title policy insures that if such an occasion arises, you will be defended, free of charge against all covered claims and paid up to the amount of the policy to settle valid claims.


Does a Lender policy protect me?
No, the lender requires a Loan Policy to protect its mortgage interest in your property. While the premium for this policy is in your closing cost, it does not protect you and you cannot make a claim if you suffer a loss. It only protects the lender against any loss to the extent of the mortgage on the property.


What does an Owner’s Policy protect me against?
An Owner’s Policy protects the insured against title defects that are not covered by an attorney’s certification of title. An attorney’s certification of title is an opinion of the quality of the “record” title based on a review of the public records at the registry of deeds and probate. However, the certifying attorney may not be responsible for numerous title defects that would not be despite a thorough search of public records.


What common defects may not be detected as part of normal title search that you would be covered for with an Owner’s Policy?
This is just a short list of common issues; fraud, forged documents, unknown creditors or lien holders, undisclosed or missing heirs, missing signatures, mistakes and clerical errors in recording, confusion due t similar names, incapacity of a grantor. These issues and many more are covered by an Owner’s policy.


What does title insurance cost?
The cost varies, depending mainly on the value of your property. The important thing to remember is that you only pay once, and then the coverage continues in effect for so long as you have an interest in covered property. If you should die, the coverage automatically continues for the benefit of your heirs. If you sell your property, giving warranties of title to your buyer, your coverage continues. Likewise, if a buyer gives you a mortgage to finance a purchase of covered property from you, your coverage continues to protect your security interest in the property.

Carl D. McCue, Esq.

Debra K. McCue, Esq.

Christina S. Lewis, Esq.

Robert E. Girvan III, Esq.