Cortes & Hay Releases New Guide on the Risks of Going Without Title Insurance

What Happens If You Don’t Have Title Insurance? Cortes & Hay Breaks Down the Risks

Flemington, United States – April 14, 2026 / Cortes & Hay Title Agency, Inc. /

FOR IMMEDIATE RELEASE

FLEMINGTON, NJ, April 14, 2026 — Cortes & Hay, a title insurance agency with over 50 years of experience serving New Jersey’s residential and commercial real estate markets, today announced the release of a new consumer resource addressing one of the most frequently asked questions in the industry: what happens if you don’t have title insurance?

“Many people going through an important real estate transaction – especially those first-time home buyers – might look to save a few dollars up front by going without title insurance,” said David Hay, owner of Cortes & Hay. “However, going through this kind of significant purchase without the protection that title insurance offers could prove very costly in the future. We’re proud to offer this comprehensive resource so that homeowners and property owners fully understand the real risks involved in forgoing this essential protection.”

The resource, available at corteshay.com, outlines four significant risk categories that property buyers face when proceeding without a proper title search and title insurance policy.

Risk #1: Undiscovered Liens on the Property

One of the most consequential risks for property owners without title insurance is the possibility of undiscovered liens. A lien — a legal claim against a property — can have a significant impact on any real estate transaction. In a worst-case scenario, liens that are not identified before closing can transfer to the new owner, making them liable for debts they did not incur.

Property liens are not limited to voluntary debts like mortgages. They can also include involuntary encumbrances such as court judgments, overdue child support obligations, or unpaid contractor fees. A thorough title search conducted by an experienced title insurance professional identifies these issues before the sale closes, enabling the parties to address them and protect the buyer’s investment.

Risk #2: Undiscovered Title Defects

Every property has a chain of title — the chronological history of ownership transfers. Especially in older properties, that chain can contain errors: an undisclosed heir with a claim to the property, a clerical error in the public record, or an improperly recorded deed. These title defects can result in ownership disputes, costly legal proceedings, and delays in completing a transaction.

Title insurance protects buyers against these undiscovered defects. The research conducted during the title insurance process includes an in-depth examination of the property’s ownership history, identifying any irregularities and allowing for resolution prior to closing.

Risk #3: Fraud and Forgery

Real estate fraud is more prevalent than many buyers realize. Bad actors may attempt to sell a property they do not own, present fraudulent documentation, or impersonate a legitimate owner. Without a proper title search, these schemes can go undetected until after a transaction has closed.

A title insurance company performs the deep-level research necessary to verify that all parties to a transaction are who they claim to be, and that the seller has the legal right to convey the property. This layer of due diligence provides buyers with confidence that their investment is protected.

Risk #4: Easement and Boundary Disputes

Easements — legal rights that allow another party access to a portion of a property — and boundary disputes can complicate ownership and affect property value. Common examples include utility pipeline easements and shared access roads. Misunderstandings or disagreements about the scope of these agreements can create complications for buyers long after a transaction is complete.

A comprehensive title search discloses all recorded easements and known boundary issues prior to closing, and a title insurance policy provides protection in the event that additional issues surface after the purchase.

Title Insurance: A One-Time Investment with Lasting Protection

While title insurance is not legally required in all states, it is strongly recommended by real estate professionals and lenders alike. The cost is a one-time premium paid at closing, and coverage lasts for the entire duration of ownership — protecting buyers against issues that arose even before they acquired the property.

About Cortes & Hay

Cortes & Hay offers over 50 years of experience in residential, commercial, and industrial title insurance in New Jersey. The firm’s leadership brings expertise across a broad range of transactions — from multiple-tract assemblage to improvements on leased land and residential subdivisions — giving clients the confidence and peace of mind they deserve. Cortes & Hay also specializes in 1031 exchanges and settlement services, including property sales, purchases, refinancings, and attorney-assisted closings.

As a reflection of its commitment to clients and industry partners, Cortes & Hay fully conforms with all industry standards set by the American Land Title Association’s (ALTA’s) Title Insurance and Settlement Company Best Practices.

Cortes & Hay has two convenient locations in New Jersey (Flemington and Hoboken) and proudly serves the entire state.