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Role of the Title Company
Now that youve decided to buy a home, what happens between now and
the time you legally own it? The next step is to obtain title for the property from the
title company. A title gives the owner the right to possess and use the property. But
before receiving title, the title company will need to complete the following:
Earnest money: To show the seller and his agent you are a serious buyer,
you will be asked to give the title company a deposit called earnest money. If the sale
goes through, the earnest money is applied toward the down payment. If the sale falls
through, the earnest money will not be given back unless it is stated in the offer to
purchase that it is refundable. To show the seller and his agent you are a serious buyer,
you will be asked to give the title company a deposit called earnest money. If the sale
goes through, the earnest money is applied toward the down payment. If the sale falls
through, the earnest money will not be given back unless it is stated in the offer to
purchase that it is refundable.
Title search: A title search is a thorough check of the records
concerning the property. It is performed to verify the sellers right to change
ownership. A title search will uncover any demands, faults and other privileges or
restrictions on the property.
Document preparation: Appropriate forms are prepared for settlement.
Settlement: Many events happen during settlement; the seller signs the
deed, the buyer signs the new mortgage, the old loan is paid off and the new loan is
established. The seller, real estate professionals, attorneys, surveyors and others
performing services for the parties are paid. Title insurance policies are then delivered
to the buyer and their lender.
Why do I need title insurance?
Owning real estate is one of the most precious values of freedom in this country.
You want the assurance that the property you are buying will be yours. Other than your
mortgage holder, no one else should have any claims or restrictions against your home.
Title insurance eliminates any risks and losses caused by faults in title from
an event that occurred before you owned the property.
How does title insurance differ from other types of insurance?
Title insurance is different from other types of insurance in that it protects you,
the insured, from a loss that may occur from matters or faults from the past. Other types
of insurance such as auto, life or health cover you against losses that may occur in the
future. Title insurance does not protect against any future faults.
Another difference is that you pay a one-time premium. A title insurance
policy will protect you from risks or undiscovered interests.
There are two principal forms of title insurance:
1. The lender's policy
2. The homeowners policy
What is a lenders policy?
A lenders policy protects the mortgage holder. If there is a fault in title
that results in a loss, the mortgage holder will be paid back.
What is a homeowners policy?
A homeowners policy protects you, the purchaser, against a loss that may
occur from a fault in your ownership or interest you have in the property. You should
protect the equity in your new home with a title policy.
What does a homeowners policy provide?
- Protection from financial loss
due to demands that may be charged against the
title to your home, up to the cost of the title policy.
Payment of legal costs
if the title insurer has to defend your title against
a covered claim.
Payment of successful claims
against the title to your home covered by the
policy, up to the cost of the policy.
What "hidden risks" are protected under a title policy?
False impersonation of the true owner of the property by the seller or other
persons previously in title
Forged deeds, releases and other documents
Deeds by persons of unsound mind
Deeds by minors
Invalid documents completed by an expired attorney
Invalid deeds delivered after the death of the grantor
Deeds by supposedly single persons but actually married
Fraud
Claims for unpaid estate inheritance and gift taxes against prior owners of your
home
Unrecorded easements giving one party the right to enter another
partys property
Undisclosed descendents of former owners of your home or the land on which it is
situated
How long does my coverage last?
Once purchased, title insurance remains in effect for as long as you own your
property. Title insurance adds security and peace of mind to home ownership.
How do I obtain title insurance and what does it cost?
Let the title company, attorney or agent handling the closing of your property know
that you want to purchase an Owner's Title Insurance Policy. When choosing a title
insurer, you should look for a company with experience, as well as the financial strength
to protect you.
In most states, the insurance commission or some other governmental body
controls the premiums for title insurance policies. You only pay the premium once. The
cost depends upon the purchase price of the property, and your policy amount must be equal
to the purchase price.
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4600 18th Ave NW
Rochester, MN 55901
Toll Free 1-888-736-2904
Direct 1-507-287-7722
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