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The following article was published in our article directory on March 7, 2014.
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Article Category: Real Estate
Author Name: Jay Hunter
The Buyer has actually obtained funding and we are now waiting for the loan approval. We have things to do.
The Sellers obligation is to show clear title and to offer a deed to the purchaser at closing.
Since the attorney that will be drafting the deed will want to see a copy of the Title Insurance dedication, showing clear title is the very first thing we must do. This will tell him who title is vested in and the exact name that will be utilized in the deed as the Grantor, with or without middle names or initials. It will likewise supply him with the legal description.
As I said in the last post you must call the bank where the purchaser is getting his loan and ask what title insurance business they will be making use of for the home mortgage title insurance coverage. You could also simply inspect the phone book for the Title Insurance Company nearest you.
When there is home loan there is normally two Title Insurance Policies released. The Owners Policy and the Mortgage Policy
The Owners policy is normally in a quantity equal to the purchase cost and provided by the seller to the buyer as well as names the buyer as the insured.
The Mortgage Policy is released in the quantity of the mortgage and names the lender as the insured.
Both policies guarantee title in up until now as exactly what the public record shows. Exceptions to title, if any, will be noted in the commitment, such as outstanding home mortgages, unsettled taxes and any other liens. It informs us what needs to be done to clear title.
If you have a home mortgage it will be listed so call your lender and get the benefit since the date of closing provided in your offer to purchase. You also want your bank to provide you a per diem amount which is the amount you will include daily to the benefit amount provided you on your closing day if the closing date is extended, or if we close faster we would subtract the day-to-day amount for the number of days that we close quicker than the date listed in our purchase agreement.
The Title Insurance commitment also provides requirements that have to be cared for. For instance, If there is somebody deceased that is listed as an owner on the last deed of record it will be required to tape-record a death certification with the register of deeds.
Or it might be that title is vested in a trust. If so a certification of trust presence and letter of authority (which will show who the trustee is and that the trustee has the authority to get and sell Real Estate for the trust) will have to be offered to the title insurance business, who could desire it recorded and put in the general public record.
The lawyer will need to know how the buyer is taking title. Call the buyer and ask him how he wants to take title. If he is wed and wants to take title in his name only it is still needed to list him as a married man.
Once the deed is prepared we are ready for closing. We still have to prepare a closing statement.
I cover that in my next post.
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Pass It On!
Proving clear title is the very first thing we need to do due to the fact that the lawyer that will be preparing the deed will want to see a copy of the Title Insurance dedication. Exceptions to title, if any, will be listed in the dedication, such as outstanding mortgages, overdue taxes and any other liens. The attorney will need to understand exactly how the purchaser is taking title. Call the purchaser and ask him how he wants to take title. If he is wed and desires to take title in his name only it is still needed to list him as a married man.
Keywords: homes for sale by owners, home by owner, real estate for sale, list home for sale, free real estate listing site, flat fee mls
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