A title company is the corporation or company that insures the status of title on real estate (called title insurance) at a closing, and may handle other aspects of the real estate closing. A title company conducts title searches to ensure that the property does not have liens on it. Learn about the role of a title company in a real estate sale and what services it can provide.
When you buy a home, it's the title company's job to find easements during the title search process. What can you do if the title company does not disclose an easement? Easements may include landscaping issues and could affect the way you manage your property. Can you win a lawsuit over an easement?
What happens if your new home gets built on the wrong lot? You may be involved in a lawsuit with the builder, mortgage lender, title company and real estate agent. To sort out who's responsible for what and to ensure that you get clear title to your new home, make sure to hire a good real estate attorney.
What do you do if you pay off your mortgage, but there is still a lien on your home? If the mortgage company you bought the loan from is no longer in existence, there is still a way to get the lien off your house and prove you paid off the mortgage. Ilyce suggests that a local title company may be able to track down the mortgage company and get the lien off of the house.
What can you do when your earnest money gets held up due to a damaged pool? It's up to the seller to disclose water damage and if he doesn't the buyer may have to hire a real estate attorney to get his earnest money back from the seller. Learn about breach of contract and seller disclosure in this situation.
Getting divorced includes not only having a valid divorce decree but also making sure that any real estate that you owned as a couple is clearly delineated. If your divorce decree says you get the home but then you never remove your former spouse's name from the title you could run into a problem when you want to sell the property. To remove a spouse's name from a house title, the spouse should sign a quit claim deed. When this step is neglected for many years it may require contacting the title company for resolution or going back to court.
Is a general or special warranty deed better for selling property? When selling a residential property, the type of warranty deed you use, or title, isn't so important. A special warranty deed is usually used for commercial real estate sales. During the home sale process, a title company will run a title search and discover any problems with the deed or title. Usually a general warranty deed is used when selling a residential property.
If you buy property with someone and he or she dies how can you ensure that you have clear title to the home? Generally, when someone dies his or her share of a property goes to his or her next of kin. You have to track down your real estate partner's relatives to get them to sign a quit claim deed or so you can buy them out of the property. A real estate attorney may also be able to help you in this situation.
What happens when someone executes a quit claim deed to land he or she doesn't own? How long does the rightful property owner have to unravel the quit claim deed? It depends on where the land is located. Each state has its own statute of limitations for title issues such as this quit claim deed situation.
When you close on a mortgage refinancing you have to pay closing costs again. Among those closing costs may be a fee for a title company. What happens if your mortgage broker forgets to tell you about the title company fee until after the closing? Is it your responsibility to pay the title company fee after closing? No, it's not the responsibility of the mortgage borrower to pay for the mortgage broker's omission.
Transferring a title from deceased owners to heirs depends on the state the property is located in. In some states, inherited property can be transferred by a court, and in others a title company may be used. It may be necessary to open probate to get the title changed on the inherited property.