Title Insurance

Title Insurance in Ontario

Legal protection for your right to own your property — from fraud, hidden liens, and legal disputes that could threaten your ownership even after closing.

Educational Information Only — This page provides general educational information about Title Insurance. Title Insurance is not sold or arranged by CUCULINK INC. or Mazen Al Taher. Consumers should consult their lawyer or another appropriately qualified professional regarding Title Insurance for their particular transaction.

What is Title Insurance?

Title insurance is a policy issued once at the time of a real estate purchase or refinancing. It protects the buyer and lender from financial losses arising from defects in the title — whether they existed before the purchase or are discovered afterward.

Unlike most types of insurance, title insurance is paid once — and remains in effect as long as you own the property or the mortgage remains outstanding.

Concepts Many Buyers Confuse

Title insurance is not the same as your lawyer's role — and it is not the same as mortgage loan insurance

Your Lawyer's Role in the Transaction

What does your lawyer do — and what don't they do?

Your lawyer searches the title and reviews the land registry to confirm there are no known liens or issues — but this search only covers what is registered and visible at the time of the transaction.

✓Searches available records and prepares transfer documents
✓Verifies officially registered liens and encumbrances
✗Protects against future fraud or unknown claims
✗Covers legal costs if a problem surfaces later

Key takeaway: Your lawyer sees the visible past — title insurance covers the unknown. The two are complementary, not interchangeable.

Mortgage Loan Insurance — CMHC

What is mortgage loan insurance and how is it different?

Mortgage loan insurance — commonly known as CMHC insurance — is mandatory insurance that protects the bank when your down payment is less than 20% of the property value. You pay the premium — but it does not protect you.

→Required when down payment is less than 20% of the purchase price or lending value — whichever is greater
→Premium is added to the mortgage and paid over years
✗Protects the buyer from title defects
✗Protects the buyer if they cannot make payments

Important: Even though you pay the CMHC premium, this insurance protects the bank — not you. If you default, the bank deals with CMHC, but you remain responsible for any shortfall.

What Does Title Insurance Cover?

Six key areas that protect your real estate investment

Title Fraud

Protection against fraud schemes that forge signatures or create fake title documents to transfer ownership of your property without your knowledge.

Hidden Liens & Debts

Coverage for mortgages, property taxes, or debts registered against the property that were not disclosed before closing.

Legal Ownership Disputes

Protection from claims by heirs or third parties asserting a right to the property based on prior contracts or wills.

Land Registry Errors

Coverage for errors and omissions in officially registered title documents, including survey mistakes and boundary discrepancies.

Encroachments & Hidden Restrictions

Protection from encroachments on property boundaries or undisclosed restrictions that limit your use of the property.

Registered Easements & Rights

Coverage for rights-of-way or easements registered against the property that were not disclosed during the sale.

Owner's Policy vs. Lender's Policy

Two types of title insurance — each with a different purpose

Criteria✓ Owner's PolicyLender's Policy
Who is protected?The buyer / property ownerThe lender (bank or mortgage company)
Is it mandatory?Optional — but strongly recommendedMandatory in most mortgage transactions
Duration of coverageAs long as you own the property or your heirs doUntil the mortgage is fully paid off
PremiumOne-time payment at closingOne-time payment at closing
Covers pre-purchase claims?Yes — covers issues that existed before your purchase dateYes — but only to protect the lender's interest
Legal costsCovered by the insurer on your behalfCovered by the insurer to protect the lender's interest

Important note: The Lender's Policy protects the bank only — not you. If a title defect arises, the bank will deal with the insurer directly, but you will bear the personal loss unless you have an Owner's Policy.

Who Issues Title Insurance — and Who Arranges It?

Title insurance is not purchased directly — it is arranged through your real estate lawyer at closing

How do you get title insurance?

1

You engage a real estate lawyer to complete your purchase or refinancing transaction

2

Your lawyer recommends a title insurance policy — or you can request one directly

3

You choose the appropriate coverage (Owner's Policy + Lender's Policy)

4

A one-time premium is paid at closing — included in your closing costs

Leading title insurance companies in Canada

Your lawyer arranges the policy with one of these companies on your behalf

FCT (First Canadian Title)

One of Canada's largest title insurance providers

Stewart Title

Comprehensive coverage for residential and commercial properties

Chicago Title

Integrated services for real estate transaction closings

How much does title insurance cost?

Owner's Policy

$150 – $400

One-time payment at closing — for residential properties in Ontario

Lender's Policy

$150 – $300

One-time payment — mandatory in most mortgage transactions

Cost varies by property value and insurer. It is typically added to your closing costs collected by the lawyer. There are no monthly or annual premiums — one payment only.

Frequently Asked Questions

Answers to the most common questions about title insurance

Is title insurance mandatory in Ontario?

It is not legally mandatory for buyers, but it is practically required in most mortgage transactions to protect the lender. An Owner's Policy is strongly recommended to protect your personal investment.

How much does title insurance cost?

A one-time premium is paid at closing. Costs typically range from $150 to $400 for residential properties in Ontario, varying by property value and insurer.

Does title insurance cover problems that arise after purchase?

No — title insurance covers problems and claims that originated before your purchase date, even if discovered later. Issues arising after purchase fall under homeowner's insurance or liability coverage.

What is the difference between title insurance and home insurance?

Home insurance protects the building and contents from fire, theft, and natural disasters. Title insurance protects your legal right to own the property itself from disputes and legal claims.

Can I get title insurance after closing?

Yes — it can be obtained after closing, but the cost may be higher and some known issues may be excluded. It is always best to obtain it before or at closing, or when refinancing.

Does title insurance cover real estate fraud?

Yes — and this is one of its most important benefits. It protects against title fraud, including forged signatures and transfers of ownership without the true owner's knowledge — a type of crime that is increasing in Canada.

Questions About Title Insurance?

Our Arabic-speaking advisors can help you understand your options and what questions to ask your real estate lawyer about Title Insurance in Ontario.

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Content is for general educational purposes only — not personalized advice.