Why Western Protocol is not enough for your clients

By FCT

Sam Jones* had been living in his home for a few years before he decided to apply for a permit to renovate his house. In reviewing his application, the city discovered that permits were never issued for his finished basement, enclosed porch, air conditioner, hot tub and basement gas fireplace, which were all installed by the previous homeowner. Unfortunately for Sam, he now had to apply for permits for all the work already done in his house and make any necessary fixes. Luckily Sam’s lawyer recommended a homeowner’s title insurance policy from FCT, so the $20,000 cost to remedy this was covered. Had he closed with Western Protocol, Sam would’ve had no protection from this significant expense.

In Alberta, many lawyers and notaries choose to close with just Western Protocol. While it allows a lawyer or notary to release residential mortgage proceeds before registration without an up-to-date Real Property Report** if no known survey defects exist, it doesn’t offer the same amount of protection as title insurance. With Western Protocol, only lenders get survey coverage, and both the lender and homeowners get gap coverage.

Title insurance also allows a lawyer or notary to release residential mortgage proceeds before registration without an up-to-date Real Property Report, but offers more extensive coverage such as:

  • survey coverage to lender and homeowner;
  • potential coverage over known survey and other defects;
  • gap coverage to lender and homeowner;
  • coverage for loss as a result of intervening registrations, if the registration occurs because Land Titles rejects the transfer/charge due to clerical or typographical errors;
  • homeowner protection against 33 covered title risks, including fraud;
  • lender protection against 27 covered title risks.

Title insurance helps deals close faster and more efficiently, and adds a layer of risk mitigation, ensuring that lawyers, lenders and homeowners are satisfied and protected.

Why wouldn’t you choose more comprehensive protection and a better customer experience for your deals?

To learn more about the value of title insurance in Alberta, visit Title Insure Alberta.

*Name has been changed to protect the privacy of our clients.
**Survey or Certificate of Location where applicable.
This is for general information only. For specific coverage, please refer to your title insurance policy or an FCT representative.

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