Closing
/ Settlement
A. Closing or settlement is the process of
completing a real estate transaction. During closing deeds, mortgages,
leases or other required instruments are signed or delivered. Furthermore
accounting between parties takes place, monies are disbursed, and
recording of all pertinent documents is completed.
A. Each
party needs to provide official photo-ID (e.g. drivers license or
passport). If you are required to bring funds to the settlement
they should be in the form of a cashiers check or
wire transfer (made payable to Kansas Secured Title~Douglas).
A. Usually settlement
will take about one hour for a sale, and 40 minutes for a refinance,
but this can vary.
A.This is a summary
of the financial portion of the real estate transaction. The HUD
lists the purchase price, loan amount and closing costs for both
buyer and seller and show all pro-rations and sums to be disbursed
by the title company to all parties.
Titles and Title Searches
A. Title is the
owner's right(s) to possess and use real property.
A. Unlike buying
a car or television, land title is permanent. While the function
of most other forms of insurance is to protect you against losses
arising out of unforeseen future events, the primary purpose of
title insurance is to eliminate risks and prevent losses caused
by past events.
A. Based
on a search of the public records, a title search determines a property
owner's rights. This search includes court, property and tax records.
Additionally, the sellers right to transfer ownership is verified,
along with claims, defects or other rights that may affect the property.
A. Examples would
be: unpaid taxes, unsatisfied mortgages, judgments against the seller
and restrictions on the land.
Title Insurance
A. Title insurance
is a contract to indemnify against losses arising through defects
in the title to real estate.
A. Some of the
most common problems covered include:
Unfiled or unpaid liens
Inadequate legal descriptions
Mistakes in legal documents
Fraudulent deeds, mortgages, etc.
Undisclosed or missing heirs
Deeds by persons of unsound mind
A. No. A deed
is simply a document transferring the right of ownership, whatever
that right may be. For example, the property may have changed hands
many times since the deed was issued. In addition, liens and claims
outstanding against the title won't be shown on a deed.
A. Yes - Any
number of events could occur in a year which could affect a property's
title.
A. Lender's Policy
and an Owner's Policy. The Lenders policy is usually a condition
of the loan and protects the mortgage lender's security interest
in the property up to the value of the policy. The owner's policy
covers the purchase price of the property and protects the interest
of the real estate owner. When purchasing a property where you are
also creating a mortgage, the Owner's & Lender's Policies are
issued simultaneously. The title premium is based on the greater
of the purchase price or the mortgage amount. You will need both
types of coverage
A. You are covered
for as long as you or your heirs own the property. Even though the
property may be sold, you may still have a legal obligation by virtue
of the warranties in the deed conveying the property. The policy
insuring you would still be in effect
Post Closing
A. After settlement,
the buyers and sellers job is over. However, Kansas Secured Title
will continue working in order to:
*Audit the settlement and review all documents
*Comply with the lender's written instructions in returning
their
documents
*Record the deed, mortgage and other documents with the county
*Disburse funds as appropriate
*Issue the title insurance policy and any endorsements required
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