[WSBARP] Title insurance to support due dligence for stock purchase transaction

John McLaughlin JPMCLAUGHLIN at BMJLAW.COM
Mon Jun 13 10:06:55 PDT 2016


Title insurance experts:  our client is considering an investment in a company that holds real property, and the real property represents a major part of the company's value.  I have reviewed older title policies for the different parcels, but would like to have these updated to get a more current and accurate sense of liens and encumbrances affecting title.  Ordering an owner's policy doesn't seem to fit, because there will be no deed or other direct conveyance of the property itself (an ownership interest in the company will be acquired, not the real property itself), and a litigation guarantee also doesn't seem a good fit, because the sample policy I read was entirely oriented toward a particular lawsuit or court action.

Is there some other type of title product offered by title insurance companies that can be used in our case, where we want to insure the current state of title, primarily for purposes of due diligence in investing in the company that owns the subject real property?  Or is it possible to modify a title guarantee to use in situations where you want a "guarantee" of the reported state of title, but not in connection with a legal proceeding?

This seems like a fairly common scenario and any input would be appreciated.

Thanks,

John

John P. McLaughlin
Direct | 206.905.3231
Email | jpmclaughlin at bmjlaw.com<mailto:jpmclaughlin at bmjlaw.com>

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