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ARTICLE · 29 APRIL 2025

Title Insurance vs Title Opinion

Gardiner Roberts LLP
Gardiner Roberts LLP
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Commercial mortgage lenders often prefer a lender's title insurance policy over a solicitor's title opinion for several key reasons...

CanadaInsurance
Zev Zlotnick
Zev Zlotnick
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Commercial mortgage lenders often prefer a lender's title insurance policy over a solicitor's title opinion for several key reasons:

1. Comprehensive Risk Coverage

  • Title Insurance: Covers a wide range of potential risks, including unknown title defects, fraud, forgery, encroachments, survey errors, and zoning issues.
  • Solicitor's Opinion: Limited to the matters the solicitor can reasonably discover through title and off-title due diligence. It typically does not cover risks like fraud after the fact or undetected issues.

2. Post Closing Protection

  • Title Insurance: Coverage lasts for the duration of the mortgage and protects against certain elements, title fraud and forgery as an example, even if they occur after the closing date and after the mortgage is discharged (in case of fraud).

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