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Real estate transactions are complicated procedures for a certain reason -- to guarantee a safe and orderly exchange of property. It includes numerous phases and requirements as well as escrow, which is an important element essential to these transactions.

For all parties involved in the purchase or sale of real estate, it is essential to comprehend what escrow is and its importance.

How Does Escrow Work In Real Estate?

Escrow is a method in which a neutral third party holds the accounts, such as the funds and some documents until all the property's requirements have been met. It works as a security and protection of all transaction funds and important papers.

The Fundamental Stages In The Escrow Process

We already shared a simple and easy understanding of "how escrow works in real estate," so now, let's take a look at the fundamental stages of the escrow process:

1. The Opening Escrow

An escrow account may begin if the buyer and the seller agree on the sale's condition or the terms. By setting your funds in an escrow account, the buyer should confirm the purchase and show that the buyer is eager and accountable to follow the transaction terms on time. It is a standard occurrence for real estate transactions and a starting process that creates trust and dedication between the buyer and the seller.

2. The Escrow Period

In order to make sure the property meets their expectations and the terms agreed upon, the buyer should inspect it. Buyers may find that this examination method helps them find potential problems before making a purchase. The escrow period allows the buyer to meet the potential that is significant to the acquisition, and it may also help to settle certain associated issues and complete some necessary legal paperwork to complete the deal.

3. The Closing

The transaction will move to the closing stage if all the conditions are met or completed. The escrow agent will ensure that all papers and terms of conditions have been accomplished, and then they will proceed to handle the transfer of funds and the property title. The buyer's payment will be given to the involved parties in the transactions, such as the seller, and the associated fees, such as the agent commissions and other closing fees.

Why Are Escrows Important To The Real Estate Industry?

Here are the three important purposes of escrow in real estate:

1. The Risk Mitigation

This aims to lessen the potential risk for both the buyer and the seller. It secured the buyer's funds and, for the seller, underestimated the risk of losing the property without ensuring the buyer would meet their obligations as agreed upon.

2. The Transaction Facilitation

The escrow agents ensure that the buyer and seller follow each stage according to the agreement's terms and conditions, that all the legal documents are correct and complete, and that financial records are present. They also help and assist both parties with good and proper communication throughout the process.

3. The Security And Compliance

Escrow ensures security and strict compliance with the terms of all transactions. It protects those interests by securing funds during critical stages, such as the home inspection or final walk-through before closing the deals. 

Conclusion

Having an escrow agent will help you secure and protect your transactions and ensure that both parties involved have met all the terms and conditions before going to the last stage, which is the closing stage. 

Escrow in real estate is very important, and you should know what escrow means and how it works if you are looking for a home or selling a home.

Title insurance protects mortgage lenders and buyers against ownership disputes. Title insurance has also changed with technology. The title services industry is experiencing a remarkable transformation propelled by title insurance technology and broader technological advancements in the insurance industry. 

This post will address future technological advancements poised to significantly impact the title insurance industry, particularly within the context of technological advances in real estate.

What Is The Future Of Technological Advances In Real Estate Title Insurance Industry?

1. The Automated Title Searches 

Title searches used to be done manually by looking through the property's public documents. The procedure is both time-consuming and costly. AI-driven automation, the landscape of title insurance technology, holds immense promise. It signals a future where data security and operational agility are paramount. Automation reduces errors and saves time and costs.

2. The Blockchain Technology

A digital ledger using blockchain technology safely and openly records transactions. Secure and transparent property record storage and management can be achieved with blockchain in title insurance technology advances. Real estate fraud and errors can be reduced with blockchain-based title insurance. It can also eliminate title insurance intermediaries, lowering title insurance costs for homeowners and mortgage lenders.

3. The Smart Contracts

Smart contracts automatically execute agreed-upon terms, helping ensure real estate transaction parties follow conditions. Title searches and transfers can also be automated to save time and money on title insurance.

4. The Remote Online Notarization

Online notarization is called remote online notarization (RON). Both homebuyers and mortgage lenders benefit from RON's reduced notarization costs and time. RON is trending in technological advances in real estate and is expected to grow.

notary using a laptop

5. The Artificial Intelligence And Machine Learning

AI and ML automate property value, risk assessment, and fraud detection in real estate. These experts can also forecast property values and find investment opportunities. AI and machine learning methods help title searchers find titles faster by processing vast volumes of data. 

6. The Augmented And Virtual Reality

AR and VR allow homebuyers to examine properties from home with virtual tours, resulting in engaging experiences in real estate. To increase the likelihood of a sale, houses can also be virtually staged using AR and VR.

7. The Cloud-Based Platforms For Title Insurance 

These platforms let you securely store and access property records and other documents, which can significantly save time and money compared to the conventional paper-based title insurance process. Cloud-based technologies also allow homeowners and mortgage lenders to track title insurance activity in real-time, improving openness and reducing errors and delays. Like any technology, cloud-based platforms have risks.

8. The Predictive Analytics And Big Data Usage

Predictive analytics and big data could transform the sector by revealing market patterns, risk variables, and other elements that affect title insurance. Title insurance experts can make better decisions by identifying patterns and trends in significant volumes of data that may take time to be apparent. It helps mortgage lenders and real estate professionals determine where to invest and lend. However, predictive analytics and big data present challenges in the title insurance industry.

Conclusion

Technological advances will shape the title insurance market. These improvements pose data privacy and security risks, but ethical use can yield many benefits. This growth of title insurance technology advances underscores a pivotal shift towards digital solutions that streamline processes and fortify data security measures. Title Guarantee uses the latest technologies and offers excellent service to provide effective and secure title insurance solutions.

Title companies have a huge impact on the real estate business. Their responsibilities include verifying property ownership and clearing the title. Understanding the complex process of performing title searches shows how important it is to conduct thorough investigation and verification to guarantee the accuracy and integrity of property ownership.

To navigate this complex terrain, title searchers rely on various methods and tools. In this post, we'll look at how to verify property ownership and why it matters in title companies.

A Complex View On How To Verify Property Ownership In Title Companies

What Is The Title Search Process?

A title search is first performed when a title company is hired for property ownership verification. One of the primary purposes of a title search is to verify the seller's legitimacy as the property's transferor. Public records must be searched to find the property's present owner and any liens or encumbrances that can influence the title. 

Title searches typically examine deeds, mortgages, and tax records. They also look for outstanding easements, liens, or limitations that might impact the title or use of the property. Moreover, the outcome of a title search can have significant implications for real estate transactions, influencing the validity of property transfers and the resolution of potential disputes.

Checking The Chain Of Title

Making sure that there is a clear chain of title is one of the most crucial steps on how to verify property ownership. A chain of titles is a history of all the owners of a piece of land, beginning when it was first purchased and continuing to the present day. The title company will check the chain of title to guarantee that there are no breakdowns and that each transfer of ownership has been recorded appropriately. Title issues may arise if there are any breaks in the chain of title or if a transfer of ownership needs to be documented appropriately.

Verifying Encumbrances And Liens

Verification for liens and encumbrances should also be considered an essential part of the property ownership verification. 

To better understand how these work, let's find out their differences:

A lien is a legal claim enforced against property to guarantee debt payment. Meanwhile, an encumbrance is a restriction or limitation imposed on the property. Some examples of these that the title company would investigate to see whether or not they impact the title include an easement, mortgage, or unpaid taxes are some examples of encumbrances or liens. 

Before putting the property on the market, the title company will work with the seller to clear any unpaid liens or encumbrances.

Checking With The County Recorder To Verify Property Ownership

The title company will typically verify the ownership of the property with the county recorder's office once they have finished the title search and validated the chain of title; this is the standard procedure. 

The county recorder's office is responsible for documenting all real estate transactions in the county. 

The title company will confirm who owns the property by reviewing the recorded paperwork, including the deed and other relevant legal documents. In addition, they will confirm that the seller is legally permitted to sell the property.

title deed with blue pen

What Is Title Insurance?

There is always the possibility that a problem with the title could be overlooked, even while conducting the most exhaustive search possible. Because of this, title insurance is necessary to safeguard the buyer's investment in the property. 

Title insurance protects the policyholder against monetary damages that may be incurred due to issues with the title, such as an invalid title or liens that have yet to be identified. 

The title insurance coverage will compensate the buyer for any monetary damages if a title issue arises after the sale is finalized.

Conclusion

Property ownership verification is one of the most important stages in the real estate transaction process, and title companies are essential to this process as they conduct extensive title searches and property ownership verification. 

Showing the process and resources utilized helps us understand real estate transactions and the need for due diligence in protecting property rights.

Looking for a trusted title company in Indiana to help sell your home? If yes, our team at IndyLegal is here to serve you.

Call us at 317-214-6023 today so we can assist you!

Property owners need title insurance to protect their investments from unexpected financial and legal complications. Other than this, is there anything else title insurance can offer?

In this post, we'll try to answer that, explore more on the importance of title insurance, and highlight various situations where it becomes essential. 

Why Title Insurance Is Important?

Lenders and homeowners are protected by title insurance. Some of this include encumbrances, liens, public record inaccuracies, legal conflicts, and earlier property claims. It provides peace of mind by guaranteeing that the property's ownership is unambiguous and free of any potential threats or difficulties.

Title insurance safeguards against claims or historical occurrences before the policy was issued rather than other forms. It offers protection against known and unexpected problems resulting from the property's past ownership records.

Here are the two different kinds of policies for title insurance:

The following includes common title issues and risks:

title insurance files

Who Benefits From Title Insurance?

The ability of title insurance to guard against monetary loss brought on by title flaws is one of its main advantages. The following are the main benefits and safeguards of title insurance: 

1. Protection Against Financial Losses

Title insurance covers financial losses due to title defects. A title insurance claim will pay your losses, including legal fees, to defend your ownership rights. This coverage may safeguard you from significant financial and legal fees. 

2. Legal Expense Coverage

Title insurance protects the legal expenses associated with protecting your ownership rights. If someone challenges your ownership or files a title claim, the title insurance company will pay the legal fees. This coverage reduces the financial burden of judicial proceedings.

3. Keeping Property Ownership Clear

Title insurance guarantees clear and marketable property ownership. If a title defect threatens your ownership rights, title insurance will cover the costs of fixing it, allowing you to keep your property without spending more.

4. Protection Against Risk And Challenges

Title insurance protects against boundary disputes, unpaid liens, unreported easements, property use restrictions, and public record errors. These risks may jeopardize property ownership and lead to expensive legal disputes.

5. Property Owners' Peace of Mind

Title insurance provides property owners peace of mind that their investment is guarded. It can also provide confidence in home ownership by preventing title defects from causing stress and financial issues.

Conclusion

Title insurance is a crucial instrument for protecting property rights and maintaining owners' peace of mind, serving as a defense against false claims and a means of settling boundary disputes. 

A previously hidden heir, a lienholder, or a fraudulent deed signing might lead to title insurance claims. It also protects your investment in each scenario.

You can learn more about title insurance here.

If you have more questions on title services and/or insurance, you may call us at 317-214-6023 so we can assist you!

The primary function of title companies is to guarantee the correct transfer of title, which is the collection of rights comprising ownership, possession, use, access, and modification of real estate. 

It goes without saying that if the title is not properly conveyed, your purchase of the property could be tarnished by limitations, disagreements, and even expensive legal liabilities. For this reason, unless a full-service title company provides expert title services, no real estate transaction should be completed.

Title Examination

It is important to remember that the individual selling you the property is not necessarily the real owner. Even honest sellers may fail to realize that they do not have a clear and marketable title to the property they are selling, barring cases of blatant fraud. 

During a title examination, every document related to a property's "chain of title"—that is, the deeds, tax records, and mortgage loan transactions connected to the property from its creation to the present—is carefully examined to make sure that nothing is incorrect or missing, such as an incorrect or missing deed, an unresolved claim, or an unpaid lien.

Clarifying the rights associated with the property, as well as any encumbrances or easements, is another benefit of a title examination. For instance, because of an easement that is documented in the public records, you could be able to enjoy the right to exclusive possession, but you might also have to provide third people permission to traverse your land.

filling out title insurance form

Title Insurance Policy

You are shielded from any potential problems with the property's title with title insurance. There is still a chance that there are "hidden hazards" that even the most meticulous title investigations may miss, even if the title looks free of any problems.

If an unidentified claimant challenges your ownership of the property, your title insurance policy will pay for the defense expenses and will even refund you up to the policy's maximum amount. Plus, to purchase the property, you need to obtain a professional title insurance policy as most mortgage lenders require the borrower to do so before closing.

Looking for reliable and comprehensive title services in Indiana?

If yes, Indy Legal is here for you!

In the absence of appropriate title services, even the most perfect dream property might turn into a nightmare. Getting reliable and efficient title examination and insurance services is crucial. Because of this, Indy Legal provides the most innovative and trustworthy title solutions available. You are confident that your needs are being handled by professionals, thanks to our meticulous title inspections and expertly crafted title insurance plans.

Call us at 317-214-6023 to learn more!

In Part 1, we’ve learned that the closing process is the final stage in the real estate transaction. It is when the homebuyer receives the key to their new home and the home seller gets paid for the sale of their property.

We also talked about the typical closing period for both mortgage-financed home acquisitions and all-cash transactions. Now, we’re going to dive deeper into the closing process and the role of a title service company in a seamless home closing.

Who is present at the closing?

Closing on a house is frequently done in phases and on various days. Although not necessary for every party to be present, the following parties frequently are:

The settlement meeting is facilitated by the closing agent, who also ensures that all paperwork is signed, and documented and that escrow and closing costs are paid promptly.

How Much Are Closing Costs?

The fees you have to pay before officially owning a home, apartment, or townhouse are known as closing costs. Closing fees should be between 2 and 5 percent of the mortgage amount. According to CoreLogic, the national average for closing expenses in 2021 was $6,905 with transfer taxes included. Washington, D.C. according to the same survey, Missouri had the lowest average closing costs at $2,061, while had the highest average closing costs at $29,888.

Depending on the purchase price of the property and the financing arrangement, closing fees might vary, but generally speaking, they consist of:

On closing day, you may have to pay additional fees for an attorney, a notary, and any county or local taxes or fees that certain jurisdictions impose on real estate transactions.

title deed paper with pen and house key

How Important Is The Role Of A Title Service Company In Closing?

From signing the original contract to signing the closing documents, there are numerous processes involved. Many of these actions are quite obvious, such as signing off on negotiations to the terms of the contract as either side, having an inspection of your home done if you are the seller, or submitting financial paperwork to your loan officer if you are the buyer. However, a lot of these actions are less obvious but just as crucial. Many of these can be completed by a title company, including:

Disbursement Of Funds: Following completion of the transaction and signing of all paperwork, the title firm will distribute the money by the buyer, seller, and lender's instructions. This entails settling any unpaid liens or debts on the property and giving the rightful recipients of the leftover money.

Escrow Services: Title companies frequently serve as impartial intermediaries during the closing process, keeping crucial documents and earnest money deposits in escrow until all terms of the sale are satisfied. This guarantees the safe and equitable handling of money and paperwork.

Title Search: The main duty of the title business is to carry out a thorough title search by looking through public records to confirm the ownership history of the property. To make the title clear and marketable for transfer at closing, the title company searches for liens, defects, or encumbrances that may still exist.

Settling Title Issues: The title company attempts to remedy any title concerns found during the title search before closing. This can involve resolving other title problems, fixing inaccuracies in the property description, or collaborating with creditors to pay off outstanding liens. Presenting a clear title is the aim of the title business.

There are a few choices accessible when it comes to choosing a title firm for a dry closing. While some purchasers prefer to select their own title company, others prefer to go with one that is recommended by their lender. It's critical to conduct due diligence and select a respectable title company with an established track record of accomplishments.

Nonetheless, a title company plays a crucial role in the safety of your property and ease of closing, so be sure to take the time to choose one.

Looking for a reliable title service company in Indiana?

If yes, then don't look further! At IndyLegal, our goal is to help home buyers and sellers, banks and lenders, builders, developers, real estate brokers and agents, and more find the best title insurance and services.

We also offer escrow services, settlement services, and investor services.

To learn more about our offers, click this link.

For the typical buyer or seller, navigating the many legal requirements and regulations involved in property transactions can be difficult. Because of this, title companies are vital to the process, offering crucial assistance to guarantee that the sale proceeds without a hitch and is free of legal complications. 

A comprehensive title search, which helps find any title problems that could cause legal problems later on, is one of the essential services offered by title companies.

The Title Search

Doing a title search on Indiana property is among the first things a title company will do when it becomes involved. It will examine all relevant public records to authenticate who owns the land and whether any encumbrances could affect the property's sale.

A real estate lawyer or title business will usually examine several documents during a title search, such as deeds, mortgages, tax records, court judgments, and other publicly available information about the property. By following this procedure, you can guarantee that the buyer will have a clear and marketable title to the property at closing and that the seller has the legal authority to transfer ownership to the buyer.

The Commitment

Following its evaluation of the title search, the title company will assess the information to ascertain whether the property's title is insurable. It will also draft a commitment that will be distributed to each party involved in the transaction.

A list of "requirements," or actions that must be completed by either party before the closing, will be included in the commitment. This timetable will include a list of steps to take care of any title-related issues that need to be fixed before closing. To make sure you are doing everything required in the lead-up to closing, it is crucial to go over the requirements again.

A list of "exceptions," or things that the title insurance policy will not cover, will also be included in the commitment. Any documents mentioned in the exceptions should be available to you through the title firm; you should analyze them to determine how they will affect your property and its future uses.

home property for sale

An easement on the subject land, for instance, will be mentioned as an exemption. It will always affect the property, therefore you should carefully study this document as well as any others that are included.

It is not necessary to disregard a commitment just because it has been issued and the title is insurable. For instance, if you are purchasing a home, a well-written real estate purchase contract should make it clear that your happiness with the commitment will determine whether or not you are required to carry out the deal through to closure. 

A buyer can determine whether or not to move forward with the transaction by carefully going over and analyzing the commitment. 

For instance, the subject property may be subject to particular restrictions, and a consideration of such constraints may indicate that the property cannot be used for the purposes intended by the buyer. 

The fact that the restrictions have a detrimental effect on the buyer's use of the property is not covered by insurance because the requirements are included in the policy's exceptions. The buyer is essentially out of luck if they discover this information after closing.

Mitigating Your Risks

The assistance of a title firm is necessary to guarantee a seamless and legally compliant real estate transaction. By conducting a comprehensive title search, the company can identify any issues with the property’s title and work to resolve them before closing. 

To comprehend any restrictions or exclusions mentioned, it is imperative that purchasers and sellers thoroughly read the commitment supplied by the title firm and, if needed, obtain legal counsel. 

Property transactions can be executed efficiently and confidently with the proper support from a reliable title company, minimizing the risk of legal complications. 

Reliable Indiana Title Service Company

Do you need expert advice on your real estate transaction? Want to know which title insurance best suits you? Need to know the documents or process involved in getting title insurance?

Whether you're asking one or all of these questions, our team at Indy Legal is here to help. Leave a comment or contact us by clicking this link.

Buying a property is an exciting and overwhelming adventure. From choosing the location to negotiating and buying the home, every process is a new challenge to face. That stays true even during the closing transaction.

It requires a plethora of paperwork, signings, and payments. Knowing what to expect when closing a home can help you learn more about the process and get ready.

What Is The Closing Process?

The last stage of what is frequently a drawn-out real estate transaction process is closing. It might take many months to go from the signing of a purchase and sell agreement to sitting down at the closing table. 

Closing is the day that buyers receive the keys and formally become the property's owner. On the other hand, closing is the day that sellers get paid for the sale.

Numerous crucial tasks need to be finished by the time of closing. The potential buyer will have obtained the mortgage required to buy the house unless they are paying cash. There will have been an evaluation of the house and a condition inspection by an impartial third party. All further conversations regarding expenses, repairs, and fittings will have been resolved to a satisfactory degree. The purchaser is going to do a last inspection of the property. Usually, the vendor has left after packing.

The buyer of the property must sign a ton of documents on closing day to complete the transaction. On closing day, several additional parties are frequently present, such as the seller, the lender, real estate agents, the closing agent, and frequently an attorney who will also be reviewing the documents being signed.

How Long Does It Take To Close On A House?

There can be a range of times between putting in an offer and finalizing the deal. The typical closing period for mortgage-financed home acquisitions is 47 days, as reported by mortgage consulting and technology platform ICE Mortgage Technologies. Closings, however, can happen as quickly as thirty days, particularly in all-cash transactions.

homebuyer paying cash to home seller

Steps To Prepare For Closing On A House

The process of closing on a home is difficult. What you should do to prepare is as follows:

Consult A Real Estate Lawyer

Purchasing a home involves more than just the buyer and seller doing business. It's also a somewhat intricate legal procedure. You might find it helpful to work with a real estate lawyer to guide you through the process and make sure everything closes without a hitch. Generally optional, however having legal representation can help you steer clear of unforeseen problems later on.

Create An Escrow Account

At the beginning of the closing process, the majority of homebuyers open an escrow account, which is normally handled by a title company. This account contains all the cash related to the sale, including an earnest money deposit, before you formally close on the property. After closing, the mortgage provider transfers the monies to the buyer and seller, respectively, guaranteeing a safe and secure transaction.

Do A Title Search

Early in the closing process, do a title search on the property you are buying. Any problems or claims against the house, including unpaid property taxes or liens placed on it by contractors, will be revealed by a title search and might potentially threaten your ability to legally buy and occupy the property. During this time, you should also consider purchasing title insurance, which would pay for any title disputes that arise while you are the owner.

Get A Home Inspection

One of the most crucial aspects of closing is getting a house inspected. There may be hidden problems in even the most exquisite homes.

A contractor or qualified inspector will look for significant problems such as leaks, cracks in the foundation, faults with the plumbing or electrical system, and possible safety risks during a house inspection. You may choose to back out of the agreement based on the inspection's findings, or you may request that the seller remedy the problems as a condition of the sale.

Negotiate On Your Closing Costs

Certain charges are negotiable even if closing costs can be high. Check to see if your lender may waive the application fee or reduce the origination fee. Ask your mortgage company whether you can shop around for the cheapest rate instead of paying a set charge to the insurance company of their choice if you need a lender's title insurance.

Confirm Your Closing Date

Verifying the date of your closure is the next step. On this date, the seller will vacate the property completely and you will have the opportunity to move in. Remember that the closing date comes at least one month following the acceptance of the purchase offer. If you encounter unforeseen obstacles when shutting, it may take much longer. You can begin packing your belongings and contacting moving companies as soon as you have the closing date confirmed.

Do A Final Walkthrough

Doing a last walk-through just before moving into a new home is a good idea, even if your initial home inspection went well. There's always a chance that damage happened in the interim between the initial inspection and the day of your move-in. Make sure the seller repaired everything that needed to be fixed and cleared the house and property of everything that wasn't covered by the purchase and selling agreement at the last walk-through.

Understand Your Closing Documents

You will receive many crucial paperwork at the closing. Ask your real estate lawyer or Realtor to go over each document's purpose as there may be up to 100 pages in it. Some of the documents you might anticipate receiving are as follows:

Loan estimate: Key details about your loan, including terms, interest rate, and closing fees, are included in this document. Verify that everything is accurate, including how your name is spelled.

Closing disclosure: This document provides information about your mortgage, just like the loan estimate. This form should be sent to you at least three days before the closure. You have the opportunity to compare the information on the loan estimate and the closing disclosure within this window of time.

Initial escrow statement: Any payments made from your escrow account by the lender during the first year of your mortgage are included on this form. Insurance and taxes are included in these costs.

Mortgage note: This paperwork formally commits you to paying back the mortgage. It outlines the loan's conditions and amount as well as what will happen if you don't make your installments.

Mortgage or deed of trust: If you default on the mortgage note, this instrument secures the note and grants your lender a claim against the house.

Certificate of occupancy: This legal document is required for you to move into a freshly built home. Additionally, get a copy of the survey and title policy.

What Takes Place When A House Is Closed?

The two main things you will need to accomplish on closing day are signing legal paperwork and paying escrow items and closing expenses. The documents you will sign will cover the terms and conditions of your mortgage from your lender as well as the agreement between you and the seller, who is transferring ownership of the home. To ensure you understand exactly what you're committing to, it's crucial that you thoroughly read each of these contracts.

On closing day, you will also need to pay for all escrow goods and closing charges. Getting a mortgage and changing ownership of real estate comes with several costs. These costs consist of HOA dues, utility bills, and property taxes. Typically, the money is sent to the escrow business via wire transfer certified check, or cashier's check made payable to the bank. Personal checks are frequently prohibited.

It's also crucial to find out what kind of identification is needed before closing day. Though some businesses demand two, typically just one form of ID is required. Usually, you have to bring the following items:

Factors That May Cause Closing Delays

Closing delays can be caused by a variety of factors, such as inadequate appraisal, unfulfilled conditions, title issues, and issues with the mortgage money.

Low Appraisal

An appraisal is a professional evaluation, mandated by the mortgage lender, of the value of the house you are considering purchasing. Ensuring the home's sale price is in line with its fair market worth is the aim of an appraisal. If the home appraises for less than the purchase price and/or the amount you are trying to borrow, this step could affect the closing process. The maximum amount the lender will lend you is the appraised value. Therefore, your agreement can collapse if you lack the funds to close the assessment gap.

Failing To Secure Financing

Closing may be slowed down or the loan may be canceled completely if you are unable to obtain a mortgage due to a change in your circumstances, nonpayment of the loan, or other delays.

Unfulfilled Contingencies

In a real estate contract, contingencies give either party the option to withdraw from the agreement if specific requirements are not fulfilled. This could be the result of a home inspection that finds significant issues, the purchase is conditional on the buyer obtaining financing (see above), or the seller buying a new residence. These and other contingency-related issues could stop the deal or make it completely collapse.

Issues With Title

Any real estate transaction requiring a closing needs to have a clear title, meaning there should be no questions or claims regarding ownership. This implies that the closure cannot take place until any form of lien or claim against the property is resolved. If a seller owes unpaid income or property taxes, the Internal Revenue Service or the state government may lay liens on the property.

These are some of the basic things you need to know when closing a home. In Part 2, we’ll dive deeper into the closing transaction and talk about the importance of a title service company.

Leading your customers through their sale or purchase and ensuring that you and your clients are prepared for closing is a process that real estate agents go through, whether they are handling ten transactions at once or just one. 

Additionally, you must have everything organized because your consumers want a seamless and joyous day.

To assist you in avoiding issues and mistakes, we've compiled a list of some of the most important considerations to make as you near the completion of your transactions and throughout the process.

  1. Verify that all of the paperwork your broker has requested is finished and entered into your document management system and make sure that every addendum has been included. Important note: If any of the paperwork is incomplete or improperly executed, your broker might not be able to grant your Commission Disbursement Authority (CDA).
  2. To avoid funding delays, make sure your sellers have given the title company access to mortgage payback details in advance of the closing date.
  3. Even though Homeowners Association (HOA) information is usually included in contracts, it's a good idea to ensure the title company has access to all relevant HOA data well before the closing.
  4. Was there a death among the sellers? Did they have a joint tenancy or tenancy in common? In that case, it must be revealed from the outset of the contract procedure. The seller must be prepared to give the title firm the necessary paperwork to prove ownership.
  5. Is it a trust or an estate? Is there a lawyer present? If so, the seller must be prepared to give the title company the necessary paperwork at the start of the contract procedure. 
  6. Give the title firm access to all modifications, extensions, and counter proposals right away, along with the inspection resolution. The closing could be delayed if there is any delay in sending these.
real estate broker holding key for closing transaction with buyer
  1. Is there a power of attorney in place for your seller or buyer? If so, they must inform the title company in advance of the closing for the proper name to appear on all paperwork. If this isn't given, documents may have the incorrect name on the day of closing, which could cause a delay.
  2. If so, what is the name of the corporation, and is this a 1031 exchange?
  3. Discuss the many closing choices your client will have with your title company in advance, such as mail-out, mobile notary, or remote online notarization (RON) closure. If a lender is engaged in the deal, they usually determine the available possibilities by requiring signed papers. Your title company can help inform your client in advance. If the customer believes they may be able to close remotely but ultimately is unable to, this helps to set expectations ahead of time and prevents annoyance as closing approaches.
  4. Before closing, provide the title firm with your Commission Disbursement Authority (CDA). Tell your title company in Indiana how you would want to be paid so they can wire money, mail the check, or cut you a check at closing. If you decide to go with a money wire transfer, make sure the title company calls you to confirm the wiring instructions before sending the wire. The CDA should contain any withholding, such as the home warranty you could be buying for a client.
  5. At least five days before closing, arrange a closing appointment with your buyers/sellers.
  6. Avoid scheduling a closing appointment after 3:00 p.m. if the move date is urgent or falls on the same day as the closing, as money could not be available that day.
  7. Make sure your clients are prepared to bring correct identification to the closure. This could include a state-issued ID, driver's license, or passport. Also, make sure to keep your social security numbers available.
  8. It is beneficial to supply your buyers with information about utility transfer. Check-in with them to ensure utilities are transferred successfully to the new address on the day of closing.
  9. Ensure that buyers are prepared to present funds to closing, either in the form of a cashier's check or a wire transfer delivered to the title company before the closing appointment. Important tip: Always confirm wiring instructions with your buyer and/or seller on the day they are sending payments by calling the title company from a verified phone number. Fraudsters target customers in real estate transactions, so remind your client to never entertain a call or email from someone claiming to be from the title company or you, as it could be someone fraudulent.
  10. If your seller owes rent for a leaseback to the purchasers, make sure they present cash to closing in the form you agreed on. Typically, a personal or cashier's check is accepted.
  11. Inform your buyers that the signature on the closing documents must match the signature on the form of identification they bring to the closing, such as their driver's license, passport, or other ID.

Now, these steps might sound easier than they truly are but don't worry, as long as you have the right title company working with you, you can make the closing transaction smooth and seamless.

Need a reliable title company in Indiana? If yes, IndyLegal is here to assist you.We've worked with various real estate agents and brokers in Indiana, and we take pride in providing a top-tier service for all our clients. Learn about our services by checking our website or calling us at 317-214-6023 today!

Acquiring a house is a thrilling and noteworthy achievement; but, it also requires working through an intricate network of procedures and choices. 

Title insurance is an essential component of this process that can provide you peace of mind in your new home and preserve your property rights. There are misunderstandings regarding title insurance, just as with any significant purchase, which makes it difficult to determine its actual worth. 

In this post, we'll dive deeper into the most common myths from reality today so you can understand title insurance better.  

Title Insurance Myths

Myth #1: Since my title is clear, I don't need title insurance. 

Truth: Even with a title search, something might be overlooked about the property's past, such as unreported problems. Title insurance protects you against unanticipated claims or disputes that may arise in the future and covers historical events that occurred before the policy's issuance. 

Myth #2: Borrowers do not benefit from title insurance; only lenders do.  

Truth: Owner's title insurance is just as crucial, even though lenders do need their own specific kind of insurance to safeguard their investment. Paying for court costs and possible losses if a title problem arises, protects your investment in the property. 

Myth #3: Title insurance is costly and unnecessary. 

Truth: At the time of purchase or refinancing, a one-time charge is paid for title insurance. Its cost is negligible in comparison to the security it offers, especially when one considers the possible financial fallout from title disputes. 

To put things in perspective, owner's title insurance normally only costs between 0.5% and 1% of the price you paid for your house. You can avoid suffering a large financial loss in the future by getting title insurance.  

Myth #4: Title insurance shopping is an option I can do later

Truth: Early on in the home-buying process, title insurance should be taken into account. It is an essential part of your transaction, and having it ready will facilitate the process for you. Your transaction may be delayed if you wait until the last minute. 

woman using calculator to calculate expenses

Myth #5: I can handle title research on my own. 

Truth: While conducting your own research is doable, comprehensive title searches require skill and access to specialist databases. Professional title companies, like IndyLegal, have the resources and knowledge to identify any difficulties that you may overlook. 

Myth #6: Title insurance claims are uncommon, therefore I doubt I'll ever need it. 

Truth: Claims for title insurance do occur, and they can have very negative financial effects. When these unforeseen circumstances occur, title insurance offers crucial protection, whether it be from an undetected lien or an unidentified successor claiming possession.

Title insurance is an important aspect of every real estate transaction. By analyzing common myths, we hope to create a better understanding of the importance of title insurance. 

When purchasing a home, preserving your ownership rights and financial security with title insurance is a wise and sensible decision. Making informed decisions to protect your investment will ensure a smooth path to homeownership for you, and we will be there to help you every step of the way! 

If you need help on title insurance or search or have more questions on related matters, we're one call away! Dial 317-214-6023 so we can assist you!

8315 W. 10th Street
Indianapolis IN 46234
317-214-6023

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