I understand that this is different depending upon what part of the country you live in, but the question came up this week from our state association of Realtors – who picks the title company?
My broker talked about it in our meeting this morning – he threw the question out nonchalantly adding, "This should be easy for you seasoned agents."
I answered in my head, "Whoever the client chooses to use."
I was partly correct, but learned something new. The party paying the cost of the Title search and Title insurance actually has the right to request where the transaction will close and who will close it. We have found in general that when one or the other is paying, split closings are still commonplace, but it was news to me that the person paying title could hold the other’s feet to the fire.
During the Title search, the closing company determines that a property is free from all defects, liens and encumbrances except those which are listed as exceptions in the policy or are excluded from the policy’s coverage. Once a Title insurance policy is issued, it covers losses and damages suffered if the title is unmarketable. The policy also provides coverage for loss if there is no right of access to the land. These are the basic coverages and expanded residential owner’s policy can be purchased that cover additional items of loss.
Realtor Cindy Jones of Northern Virginia shares a story about a friend whose neighbor tried to claim ownership of part of her land.
A few years ago a new landowner in the Shenandoah Valley approached my neighbor and I to suggest that the property where our houses were located was actually part of his land and he intended to "take back" the property. My neighbor who had owned his house since the original land had been subdivided knew that neither of our homes or land were on any part of the new landowner’s property. The new landowner was insistent and let us know his plans to run a road right through our property.
Fortunately, the issue was quickly resolved through the Title company,
All of the land transfer records were checked, all the signatures confirmed and his claim was not valid.
Make sure that when you buy a home, you pay the extra $35(ish) to protect YOU from title issues because typically the lion’s share ($500 up) of a title policy is to protect the mortgage lender from future liability.
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