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What is a Closing?
Closing is the final step of a real estate transaction and includes
depositing money and documents by the parties to the
transaction with a third party who holds them
according to the terms of the purchase agreement or loan closing
instructions. |
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The Closing Agent is:
- A custodian for funds and documents.
- A clearing house for payment of liens, mortgages or other debts
against the property.
- An agent to perform the details for the settlement of
accounts between parties and lien holders. |
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What is a Title
Opinion?
A title opinion is a letter opinion prepared by an attorney giving
the lawyer's opinion concerning ownership of a parcel of real estate
and liens that may encumber it. From that opinion, a buyer or
lender make decisions about whether steps need to be taken prior to
closing or at closing to resolve title defects or satisfy liens as
part of the transaction. |
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What is a Policy of Title Insurance?
Title insurance is an insurance policy which insures the
condition of "title" of a particular piece of
property. Title insurance polices may be issued to either the
buyer, the lender, or both. A policy issued to a lender does
not insure the owner. |
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What is a Title Insurance Commitment?
The commitment is
a promise to issue a title insurance policy to insure the title to property so long as certain
conditions are met.
A title insurance commitment shows who owns a parcel of land and
lists title defects, liens and encumbrances. The commitment lists those conditions
necessary to close the sale or loan and which are required to
transfer ownership to the buyer and protect the lender's mortgage or
the buyer's purchase. |
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How does title
insurance differ from a title opinion?
A title opinion is simply a lawyer's opinion, often with limitations
and conditions concerning the extent to which the opinion may be
relied upon in the transaction. Title insurance offers the
advantage of an express contract in favor of the insured that the
title insurance company accepts the financial responsibility to
protect the insured party from claims that may be asserted against
the title to the property. Title insurance also gives the
insured coverage for the payment of legal costs if the title insurer
has to defend title against a covered claim. |
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Closing Agent's Responsibilities
A closing/title agent:
- Reviews the title insurance commitment or title report.
- Receives buyer's funds.
- Complies with lender's instructions.
- Prepares documents required to close the transaction.
- Records documents with county recorder.
- Disburses monies and documents to the appropriate parties.
- Prepares final closing statements for buyers and sellers.
- Issues a title insurance policy. |