(1) "Title insurance" is the certification or guarantee of title or ownership, or insurance of owners of property or others having an interest therein or liens or encumbrances thereon, against loss by encumbrance, or defective titles, or invalidity, or adverse claim to title. This definition shall not be deemed to apply as to the business of preparing and issuing abstracts of, but not certifying, guaranteeing, or insuring, title to or ownership of property or certifying to the validity of documents relative to such title.
(2) A title insurer may also insure:
(a) The identity, due execution, and validity of any note or bond secured by mortgage or deed of trust; and
(b) The identity, due execution, validity and recording of any such mortgage or deed of trust.
Terms Used In Idaho Code 41-508
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Property: includes both real and personal property. See Idaho Code 73-114