Closing
/ Settlement
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.
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).
A. Usually settlement
will take about one hour for a sale, and 40 minutes for a refinance,
but this can vary.
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
A. A title is
the owner's right(s) to possess and use a real property.
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.
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.
A. Examples of
'problems' would be: unpaid taxes, unsatisfied mortgages, judgments
against the seller and restrictions on the land
Title Insurance
A. Title insurance
is a contract to indemnify against losses arising through defects
in the title to real estate
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.
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
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.
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
A. Yes - Any
number of events could occur in a year which could affect your title
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
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
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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