The
purchase of a home – whether it be your first house or your fifth – can be a
whirlwind experience. So why should you be thinking about one more thing? Why
should you be thinking about your title company?
Title
companies are most often chosen by the buyer’s lender. But it is a law in the State
of Maine that the buyer has the right to choose their own title company. In
this article, I go through exactly what a title company does, and in a future
article, I will discuss how to choose the right one for you.
First
and foremost, the title company performs a title search, which determines if
the person selling a property truly has the right to do so, and that the
potential buyer is receiving all of the rights to the property (title) that
they are paying for. The reason a title company conducts this search is to
ensure the property is conveyed with free and clear title with no liens,
outstanding mortgages, and that real estate taxes, water and sewer, are
currently paid up.
When
the title search is complete, the title company will then issue a ‘commitment’,
which states the conditions under which it will insure the title. The title
company processors then become the point of contact for the buyer, seller,
brokers and lender. It is the processor’s responsibility to plug in all of the
monetary figures associated with the transaction. Once all of the figures have
been established and the lender has given the clear to close, the processor
then contacts all parties to coordinate the closing date, time and location.
At
this point, the processor awaits the lender’s documents and puts together the
closing package with all of the necessary paperwork – some generated in-house
and some from the lender. It is then handed off to the closing attorney who
will facilitate the actual closing with the buyers, sellers, brokers and
lender.
The
title company’s closing attorney will walk you page by page through each of the
many documents you will be required to sign, and there are a lot of them! It is
very important for the title company to explain everything being signed. Once
that is done, the transaction is complete and the new owners may officially
move into their new home.
However, work continues behind the
scenes! The title company must record certain documents, such as the deed and
mortgage, at the Registry of Deeds. They are also responsible for sending the
proper paperwork to the lender, and paying off mortgages, home equity loans,
water/sewer bills, property taxes and HOA/condo fees, among other possible
payments.
Usually within one month from the
transaction closing date, the buyer will receive their
final correspondence from the title company in the form of a letter which
includes their owner’s title insurance policy and their recorded deed.
Title companies are truly a part of
the home purchasing process, and I will explain in the next article how to
choose the right one for you.
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