Existing Homeowner Policy Search Requirements

In order to obtain a policy, Stewart Title requires the completion of a sub-search of title from the date of acquisition of title by the existing owner to the current date of order. Please review the land transfer tax affidavit for a determination of assumed mortgages.

In the event that the existing owner obtained title in a non-arm’s length transaction, a full title search must be completed unless you obtain evidence in the form of a legal opinion/reporting letter to the existing owner that confirms a full title search was conducted at the time they obtained title.

No execution search is needed for properties in the Land Titles system. For properties in the Registry system, an execution search for the vendor to the existing owner is required.

If a survey is available, please request a copy from the homeowner and review for obvious defects such as encroachments.

No other searches are required for the issuance of a policy for a single-family residence. For properties of 2-6 units, a building and zoning search should be completed.

Search Information to Be Disclosed to Stewart Title

In the event that your search determines a title or other defect please consult with a Stewart Title underwriter prior to insuring the transaction. Due to the nature of this policy, known defects will be excepted from the policy. No affirmative underwriting will be given.

In particular, should your search reveal that a mortgage registered at the time of purchase has been discharged, we require that you confirm with the homeowner that this mortgage has indeed been paid.

All registered mortgages must be reported to Stewart Title and will be listed as exceptions to the policy.