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Forgeries are foreseeable but not always preventable risks assumed by a title insurer. They do constitute one of the hidden risks being insured under a title policy. Forgeries are always fatal to a title, and at the same time, a complete and frequently unrecoverable loss for the title insurance company.
While it is not feasible to develop an all-inclusive list encompassing the characteristics that are either present or prevalent in all the different forgery cases, it is, however, possible to summarize certain elements or circumstances that seem to surround or be present in the majority of forgery claims experienced by the title insurance industry. The mere presence of any of these elements or circumstances may not suffice to qualify the transaction as a forgery. They must be considered as "red flags" that should be seriously investigated and considered in conjunction with other elements that constituting the transaction. Generally, forgeries are a combination of more than one of these elements or circumstances.
These red flags for forgeries are the following:
The possibility of a forgery requires strict compliance with the following: