defect in title

defect in title

A recorded instrument that would prevent a grantor from giving good or clear title to property.

References in periodicals archive ?
This state control of what risks will be assumed under title policies, what rates must be charged, and what reserves must be established, is part of Florida's comprehensive regulatory scheme, which balances a number of important interests: 1) keeping title insurance rates reasonably low for the benefit of all consumers; 2) attracting title insurers to do business in the state by assuring them a reasonable rate of return on their investment; and 3) protecting the solvency of the title insurance industry so consumers may be reimbursed in the event of a defect in title.
Interestingly, however, Safeco, Endrushchat, and Shada do not represent a uniform approach to what damages are recoverable upon a partial defect in title in Florida prior to the 1992 policy.
39) This state control of what risks will be assumed under title insurance policies and what rates will be charged for those title insurance policies is part of Florida's comprehensive regulatory scheme under which the state balances a number of important interests: a) keeping title insurance rates reasonably low for the benefit of consumers; b) attracting title insurers to do business in the state by assuring them a reasonable rate of return on their investment; and c) protecting the solvency of the title insurance industry so consumers will be certain to be reimbursed in the event a defect in title occurs.