A home’s title is a legal document that establishes rightful ownership. If there is a mistake or defect in the title, the true ownership of that property can be called into question.
Title companies play an important role in ensuring that the title in a real estate transaction is clear, smoothing the transfer of ownership from seller to buyer.
What is a title company?
A title company ensures that a property’s title is appropriately documented and verified. It makes sure that there are no problems with the title that could prevent the sale from going through, and it can help settle any disputes about ownership.
“Title insurance is the cornerstone of secure homeownership, protecting property rights by ensuring your title is clear of issues like undisclosed liens or errors in the public record,” said Megan Hernandez, director of public relations & marketing at American Land Title Association.
Why do you need a title company in real estate transactions?
Real estate is a significant investment, and a title company helps ensure that a sale is legitimate. It verifies that the seller truly has legal ownership and that the property doesn’t have any liens or encumbrances (like another mortgage on it). Knowing the title is clean and accurate gives the buyer confidence that they won’t run into legal problems after the purchase.
A title company can also provide title insurance, which protects you in case a problem with the title arises in the future.
What services does a title company provide?
Title companies provide many different services to ensure a clean title. One of the most important is the title search process, which researches a property’s title to determine if there are any potential problems. But title companies also perform a variety of other functions during the sale process, all of which are focused on ensuring a smooth real estate transaction and homebuyer protection.
Title companies might take on other responsibilities, too, including:
- Arranging a property survey
- Writing an abstract of the title
- Notarizing title documents
- Recording the deed with the county recorder
- Negotiating the release of a lien
What is a title search, and why is it important?
The title company typically conducts a thorough search on the title using public records at the courthouse or county recorder’s office.
“The title search helps establish a ‘chain of title,’” said Marcus Ginnaty, a spokesman for First American, an international title company based in California. The chain of title links each owner to the previous owner and requires significant expertise to establish, he said.
Without that expertise, it can be all too easy for a long-ago mistake to cause present-day headaches. Some problems a title search can turn up include:
- Faulty deeds
- Clerical errors
- Forgeries
- Unknown or undisclosed liens or mortgages on the home
- Unpaid property taxes
- Missing heirs
What types of title insurance are available?
There are two main types of title insurance: lender’s title insurance and owner’s title insurance.
Lender’s title insurance
This type of title insurance is required by the mortgage lender. It protects the lender’s investment from legal problems that may come up regarding the property’s title. Coverage typically lasts until the mortgage is paid off.
Owner’s title insurance
This type of insurance protects you as the new owner. It settles claims against your title that may come up after closing on a home. It typically pays for associated court costs and legal fees. Owner’s title insurance covers you for as long as you own the home.
How does a title company facilitate the closing process?
As the closing coordinator for a real estate transaction, a title company helps schedule the closing, also known as the settlement date. But title companies do much more than put the closing date on the calendar. A title company also:
- Works with the lender to prepare the closing disclosure
- Prepares settlement statements
- Schedules document signings
- Informs buyer of amounts due at closing
- Collects and holds funds in escrow, including earnest money and closing costs
- Coordinates the mortgage payoff
- Submits documents for recording
- Issues the final settlement statement
What is a title company FAQ
Can I choose my own title company?
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How much does a title company charge?
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Is title insurance mandatory?
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What happens if a title issue arises after purchase?
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How long does it take for a title company to clear a title?
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