Closing / Settlement

Q. What is closing?

A. Closing or 'settlement' is the process of completing a real estate transaction. During closing deeds, mortgages, leases or other required instruments are signed or delivered. Furthermore accounting between parties takes place, monies are disbursed, and recording of all pertinent documents is completed.

Q. What do I need to bring to settlement?

A. Each party needs to provide official photo-ID (e.g. drivers license or passport). If you are required to bring funds to the settlement they should be in the form of a cashiers, treasurers, teller's check, money order, or certified personal check (made payable to Walnut Valley Title).

Q .How long will settlement take?

A. Usually settlement will take about one hour for a sale, and 40 minutes for a refinance, but this can vary.

Q. What is a HUD Settlement Statement (HUD-1)?

A.This is a summary of the financial portion of the real estate transaction. The HUD lists the purchase price, loan amount and closing costs for both buyer and seller and show all pro-rations and sums to be disbursed by the title company to all parties


Titles and Title Searches

Q. What is a title?

A. A title is the owner's right(s) to possess and use a real property.

Q. Why is transferring title to real estate so unique?

A. Unlike buying a car or television, land title is permanent. While the function of most other forms of insurance is to protect you against losses arising out of unforeseen future events, the primary purpose of title insurance is to eliminate risks and prevent losses caused by defects in the title arising out of past events.

Q. What is a title search?

A. A title search determines based on a search of the public record, the property owner's rights. Documents searched include court records, property and name indices. Additionally,the sellers right to transfer ownership is verified, along with and claims, defects or other rights that may affect the property.

Q. What kinds of problems can a title search reveal?

A. Examples of 'problems' would be: unpaid taxes, unsatisfied mortgages, judgments against the seller and restrictions on the land


Title Insurance

Q. What is title insurance?

A. Title insurance is a contract to indemnify against losses arising through defects in the title to real estate

Q. Why do I need title insurance?

A.Owning real estate is one of the most precious values of freedom in this country. Get 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.

Q. What does title insurance protect against?

A. Some of the most common problems covered include:
      Unfiled or unpaid liens
      Inadequate legal descriptions.
      Mistakes in legal documents
      Fraudulent deeds, mortgages, etc.
      Undisclosed or missing heirs.
      Deeds by persons of unsound mind

Q. How does title insurance differ from other types of insurance?

A. 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.

Q. Isn't a deed proof of ownership?

A. No. A deed is simply a document transferring the right of ownership, whatever that right may be. For example, the property may have changed hands many times since the deed was issued. In addition, liens and claims outstanding against the title won't be shown on a deed

Q. The property I want to purchase had a title search done within the past year. Do I need another one?

A. Yes - Any number of events could occur in a year which could affect your title

Q. What are the different types of title insurance?

A. Lenders Policy and an Owners Policy. The lenders policy is usually a condition of the loan and protects the mortgage lender's security interest in the property up to the value of the policy. The owner's policy covers the purchase price of the property and protects the interest of the real estate owner. When purchasing a property, where you are also creating a mortgage, the Owner's & Lender's Policies are issued simultaneously. The title premium is based on the greater of the purchase price or the mortgage amount. You will need both types of coverage

Q. How long does coverage last?

A. You are covered for as long as you or your heirs own the property. Even though the property may be sold, you may still have a legal obligation by virtue of the warranties in the deed conveying the property. The policy insuring you would still be in effect


Post Closing

Q. What happens after settlement?

A. After settlement, the buyers and sellers job is over. However, Walnut Valley Title will continue working in order to:
   Audit the settlement sheet and review all documents
  Comply with the lender's written instructions in returning their paperwork
   Record the deed, mortgage and other documents with the County
   Disburse funds as appropriate
   Issue the title insurance policy and any endorsements required

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