New Construction Title Insurance in Wayne County, Indiana: What's Different
Missy Horner
President, Empire Title Services | 20+ Years Experience
New Construction Title: Key Differences
Still need title insurance? Yes — the land has a history, and construction creates new lien risks
Biggest risk: Mechanic's liens from unpaid contractors/subcontractors
Builder's title company: You can choose your own — Empire Title handles new construction
Title search covers: Land history, subdivision plats, easements, construction loan payoff, lien waivers
Questions? Call Empire Title: (765) 935-9966
Buying a brand-new home feels safe from a title perspective — nothing has happened to it yet, right? In reality, new construction purchases carry unique title risks that resale homes don't, and many buyers are surprised to learn they need title insurance just as much as they would for a 50-year-old property.
Here's what makes new construction title different in Wayne County — and why choosing the right title company matters.
Why New Construction Needs Title Insurance
The Land Has a History
Even if the house is new, the land it sits on may have decades of ownership history, recorded easements, utility rights-of-way, mineral rights claims, or subdivision restrictions. The title search covers all of this.
Construction Liens Are Real
If any contractor, subcontractor, or materials supplier goes unpaid, they can file a mechanic's lien against the property under Indiana law — even after you've purchased it. Getting proper lien waivers is critical.
Builder's Loan Must Be Paid Off
Most builders finance construction with a construction loan. This loan creates a lien on the property. At closing, that loan must be paid off in full and the lien released before you can receive clear title.
Subdivision Issues Can Arise
Errors in the recorded subdivision plat, improperly conveyed lots, or conflicts between the plat and actual survey can create problems that affect every home in a development.
Mechanic's Liens: The Biggest New Construction Title Risk
Indiana's mechanic's lien law is strong — it protects contractors and suppliers by giving them a legal claim against the property if they're not paid. The challenge: a subcontractor can file a lien even if the builder paid the general contractor. The money may have been misdirected along the way.
A Real Risk: The Unpaid Subcontractor Problem
A buyer purchases a new home. The builder paid the general contractor. But the GC didn't pay the electrician. The electrician files a mechanic's lien after closing. The new owner — not the builder — now has a lien on their home. Empire Title collects lien waivers from all tiers of contractors before disbursing funds and recording the deed.
What Empire Title Covers in a New Construction Closing
You Can Choose Empire Title — Even If the Builder Recommends Someone Else
Indiana law gives buyers the right to choose their own title company. Builders often steer buyers toward their preferred title company — sometimes one affiliated with the builder itself. You are not required to use them. Call Empire Title to discuss your new construction purchase in Wayne County.
Frequently Asked Questions
Do I need title insurance for a new construction home in Indiana?
Yes. Even though the home is brand new, the land it sits on has a title history — and the construction process itself creates new title risks, including mechanic's liens from unpaid contractors and subcontractors. Owner's title insurance protects you from these and other hidden title defects.
What is a mechanic's lien on a new construction property?
If a builder, contractor, or subcontractor is not paid for their work or materials, they can file a mechanic's lien against the property under Indiana law. This lien attaches to the property — and if not resolved, it becomes the new owner's problem. Empire Title verifies lien waivers from all contractors as part of the new construction closing process.
Can I choose my own title company for a new construction purchase?
In Indiana, buyers have the legal right to choose their own title company — even when purchasing from a builder. Builders sometimes recommend or pressure buyers to use their preferred title company, but you are not required to do so. Empire Title Service regularly handles new construction closings in Wayne County.
What is the title process like for new construction in Wayne County?
New construction title searches cover the land's entire history, any subdivision plat and restrictions, all recorded easements, the builder's construction loan and its payoff, and lien waivers from contractors and subcontractors. The process is more complex than a resale title search and requires an experienced title company.
Missy Horner
President, Empire Title Services
With over 20 years of experience in Indiana and Ohio real estate closings, Missy Horner leads Empire Title Services in providing expert title insurance, property searches, and closing coordination. A trusted resource for real estate agents, lenders, and homeowners throughout Wayne, Randolph, and Henry counties.