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What is a real estate settlement?
For you, the home buyer, it's the day your dream becomes a
reality. However, in real estate terms, settlement is the
final step in the home buying process whereby ownership of
real property is transferred from seller to buyer. Purchasing
a home usually represents your single largest investment.
Preparations for settlement should start as soon as the contract
of sale is accepted. This is the time to select your title
company. The closing itself takes about one hour in which
numerous documents are explained and signed, funds are received
and disbursed, last minute questions on the condition of the
property and operation of systems are answered and the keys
are delivered. In many instances, buyers need to coordinate
settlement with the arrival of their movers and cannot afford
delays.
What is a title search , and why do I need one?
A title search is a detailed examination of all public records
that affect a property. These records include deeds, mortgages,
tax records, court records, property and name indices, and
many other documents. The purpose of the search is to verify
the seller's true interest in the title and right to sell
the property, and to discover any claims, defects and other
burdens on the property. The search protects everyone involved
in the property transaction since problems with real estate
are transferred with the ownership.
What kinds of problems can a title search reveal?
A title search can reveal any party that might have an interest
in the property, as well as a number of title defects, liens
or other restrictions. For example, things like outstanding
taxes, unsatisfied mortgages, and judgments against any recent
owner as well as restrictions on the use of the land may require
an extensive search.
Are there any problems that a title search cannot
reveal?
Yes. There are several "hidden hazards" that are
impossible for a search to uncover. For instance, a previous
owner may have recorded his marital status incorrectly, resulting
in a possible claim by a legal spouse. Other "hidden
hazards" include fraud and forgery, defective deeds,
mental incompetence, confusion due to similar or identical
names and clerical errors in the records. These defects can
arise several years after the purchase of your home and can
jeopardize your right to ownership.
What is title insurance?
Title insurance is a policy that protects you against loss
if any of these problems results in a claim against your ownership.
What are the different types of title insurance?
There are two basic types of insurance policies - Owner's
Policies and Loan Policies. The Owner's Policy protects the
interests of the real estate owner; likewise the Loan Policy
protects the interest of the lender or mortgagor.
Do I need both types of coverage?
Yes. Most lenders require a Loan Policy for almost all mortgages,
but this policy offers no protection to the landowner. Many
claims propose no threat to the lender but could cause great
loss to the owner. An Owner's Policy protects the owner from
the threat of loss.
How much does title insurance cost?
Probably a lot less than you think. Generally the cost of
title insurance (including the search, examination and related
services) is about one percent or less of the value of the
property. This premium is not paid annually, but it is a one
time fee usually paid at the closing.
How long does my coverage last?
The insurance coverage never needs to be renewed. It is valid
for as long as you or your heirs have an interest in the property.
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