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What Is Title Insurance? Why Do I Need It?

June 3, 2014 By Nathan Mitchell

Title Insurance - What is it?What is title insurance?

Why do I need it?

If you have been doing any amount of research online about purchasing a home, you’ve probably already run into the term “title insurance.”

In almost every real estate transaction, title insurance will be needed and they are considered part of your closing costs.

What is title insurance?

Title insurance assures you, the home buyer that you are acquiring marketable title to your home when you purchase.  Meaning, title insurance protects you from loss and guarantees that your home is free and clear from any “cloud” on title (a.k.a.  potential claim of ownership from someone else).

Title insurance is issued to both you, the home buyer and your lender.  It protects you and your home from (defective) claims from the beginning of time, until you purchase the home.

This means that there are no loans, liens, encumbrances, back taxes, easements or covenants, conditions or restrictions (CC&R’s) on the home that are not disclosed to you prior to your purchase.

What else does title insurance protect you against?

  • False impersonation of the true owner of the property
  • Forged deeds
  • Undisclosed or missing heirs
  • Unrecorded legal documents
  • Deeds given by someone of unsound mind
  • Deeds by minors
  • Deeds by someone that represent they are single, but are actually married
  • Unpaid liens (taxes, etc…)
  • Fraud
  • Any lawsuits against your legal ownership of your home

If the company that issues your title insurance is unable to clear up the title problems, they will pay for your losses.

It is therefore, in the title company’s best interest to make sure that the title to your home is free and clear, or they will pay for it.

How does the title company insure that your title is free and clear?

The title company will eliminate risk to a free and clear title by searching the public records for any claim to the title.  They will also search their own database of title information, including public records, court decisions, laws, to ensure correct ownership.

When the title search is completed, your title company will issue a “Title Commitment” and it will detail the current status of the title.

Your Title Commitment will contain very important information about your title, including:

  • Current ownership of the property
  • Where the owner holds title
  • Matters of public record that affect the property or ownership of the property, such as easements, encumbrances, etc…
  • A legal description of the property
  • A plat map

Click here to see a sample copy of a commitment for title insurance.

Title insurance is for your protection.

The cost of the title insurance policy is a small price to pay for your piece of mind and protection and it insures that you do, indeed, own your own home.

Filed Under: Blog, Home Buying Research Tagged With: Home Buyers, home buying, Marketable Title, Title Companies, Title Insurance, Title Search

What Are Closing Costs And How Much Are They?

May 22, 2014 By Nathan Mitchell

 

 

What are closing costs and how much are they?

What are closing costs?

Are you in the market to purchase a home or just starting to consider purchasing a home?

Are you wondering how much of your own money you will need or what are the costs involved when purchasing a home?

Earlier, you learned what your typical up front out of pocket costs  could be once you get under contract to purchase a home.  You might want to go back and review those costs, so that you’ll know what you’ll need out of pocket, right away.

Now you can dive more deeply into the actual costs of obtaining financing and purchasing a home.

There are a couple different areas that “costs” are typically grouped into:

  1. Your down payment.
  2. Your closing costs.

Learn more about down payments here.

Closing costs explained, the short and sweet version.

Closing costs are costs  associated with your home purchase and they are typically related to a few different items.

As a general rule of thumb, your closing costs should be in the area of 3% of your anticipated purchase price.

For example:  With a purchase price of $200,000, it’s  $200,000 x 3% = $6,000.

This is a very rough estimation and it really depends on the type of loan you will be getting.

Your actual closing costs could be more or could be less depending on your type of loan and other variables.

There are several different types of loans, including FHA, VA, USDA and Conventional.

Closing costs must be paid when you purchase the home.

For a more detailed explanation, see below.

Closing costs in detail:

Here are the most common closing costs associated with your home purchase:

  1. Title company fees
  2. Lender fees and Prepaids
  3. HOA fees

 Title company fees

Title company fees differ from company to company, although there are three fees that almost every title company charges a buyer.

  • The lender’s title insurance policy – this is the insurance policy that you, the home buyer will purchase for your lender to protect against any unforeseen claims to ownership of the home, after your purchase.
  • The escrow or settlement fee – this is the fee for title work, including researching the chain of title on the home, to make sure that the seller actually owns the home and has the right to sell it.
  • Recording fees – to record your deed at the County Recorder’s Office.

The amount of these fees vary, depending on the purchase price of the home. Here is an example of typical title fees.

Closing Costs - Title fees

These are typical title company fees associated with purchasing a home.

Lender fees and prepaid fees

Simply put, you must pay your lender to loan you money.

Lenders make their money by collecting interest from you and collecting fees to give you a loan, many times this is put into a fee called the “Origination Fee.”

Once again, the fees your lender will charge varies depending on the loan program that you use.

Prepaids are charges collected up front to cover different items, such as

  1. The interest you pay for the remaining days of the first month you are in your home.
  2. Mortgage insurance reserves.
  3. Homeowner’s insurance reserves.
  4. Property tax reserves.
Closing Costs - Lender's Fees and Prepaids

These are typical lender’s fees and prepaid items that are charged in connection with your new loan.

 HOA fees

If your home is located in an HOA, also known as a Homeowner’s Association, then there are usually fees associated with the transfer of the property to the new owner.  Whether the buyer or seller pays these fees is negotiable.

Usually with an HOA, there will be monthly or quarterly fees as well.

As with everything else, HOA fees can vary, depending on the association and the amenities of the neighborhood.  Typically, the more amenities in the neighborhood, the higher the monthly or quarterly fees you must pay.

Closing Costs - HOA transfer fee

Hopefully this has shed a little more light on the subject of closing costs.  If all else fails, just remember the rule of thumb.

Your closing costs will be roughly 3% of your anticipated purchase price.

 

Filed Under: Blog, Home Buying Tagged With: Closing Costs, Fee, Home Buyers, Homes Purchase, Lending Fee, Mortgage Loan, Title Insurance

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Hunter Clark
Hunter Clark
602-625-3866
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Nathan Mitchell
Nathan Mitchell
480-529-6329

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