What
is Title Insurance?
Title
Insurance is a valuable tool used to expedite the real estate closing
process. When property is sold, the buyer wants to know that the seller
has full right to sell. The buyer also wants to know if the seller has any
liens (mortgages, tax liens, judgments, etc.) against the property.
Another concern for the buyer is rights of others to use part or all of the
property. This may include an easement to use a road or driveway, right of
first refusal, electric, gas, or other utility right of way or perhaps
restrictions against certain types of use. Will the buyer have legal
access to the property?
A
Commitment for Title Insurance is issued after the seller and the buyer agree
to terms. The Commitment shows the items of record indicated above as well
as real estate tax and when applicable, utility and special assessment
information. The Commitment is used to clear items which the buyer and
buyer's counsel deem necessary. Does this mean the buyer will have clear
title? This is not necessarily so.
When
the items necessary to transfer title to the buyer have been recorded, the
Owners Policy is requested. An examiner then researches
the property and issues the Policy once the items necessary to insure have been
recorded. Any items not satisfied or matters
accepted by the buyer and buyer's counsel will be shown in Schedule B of the
Policy (exclusions from coverage).
A
Loan Policy works the same way as an Owners Policy except it insures the lender
for the amount of the loan. Many lenders require the borrower to
provide such insurance.
What
is Escrow?
Escrow
is an important part of the sale. The seller and buyer may want a neutral
party to act as closer or to hold funds and/or documents to assist the
closing process. Both the seller and buyer should have counsel to advise
them. The closer can not advise either party since the closer is a neutral
party. The closer's primary duty is to facilitate the exchange of the
documents necessary to transfer title for the purchase price as set forth in the
closing instructions and statements. The closing may take place at a title
agency, law firm, real estate company or a lending institution.
What
is a Search?
A
search is a list of documents from a starting point (usually a date in time) to
the present. This list is accompanied by copies of the documents shown in
the search. It is the responsibility of the party using the search to make
any determinations based on those documents. A search does not insure
anybody.
What
is an Abstract?
An
abstract is also a list of documents much like a search. An abstract
contains a certification and may start at the original entry (the date the first
document was recorded on the property) or may be more than forty years. An
abstract is usually examined by an attorney. The attorney then writes an
opinion of title primarily to indicate whether or not marketability of title
exists. An abstract does not insure anybody.