Category Archives: Title Insurance

Writing a Contract? Get Out Your Calendar

The vast majority of problems, conflicts and stress we see in the closing process are with closings that are scheduled on Fridays or the last three days of the month.

That is true all year but is especially true in the spring and summer when the real estate business in our market is busiest.

2021’s busy season started early, so everyone needs to make sure when putting dates and expectations in their contracts, they plan for success by avoiding those problem days.

Everything works back from the closing date, and for a lot of reasons, people like to close on those no-go days. As a result, lenders, surveyors, home inspectors – all your partners in your real estate business – are trying to work through an uneven pipeline demand. This creates bottlenecks; bottlenecks cause unexpected delays and last-minute surprises no one wants.

You can help them, your customers, and yourself by trying to schedule mid-week closings and closings near the 10th and 20th of the month. There will be fewer opportunities for delay, and a better chance for that smooth and successful real estate experience that generates years of referral business for you.

TRIM Notices are Out!

The Truth in Millage (TRIM) notices are out for all the counties in our area.

Make sure your sellers have reviewed their most recent TRIM notice so we can avoid any surprises at the closing table when the prorations are done.

A few other details to remember;

1. We use the highest figure on the notices for prorations.

2. CDD are prorated separately.

3. Some non-ad valorem fees are separate.

Easement vs. Access

A property does not have much use if you cannot get access to it. When it comes to getting to a property, two words are important to understand: easement and access.

Easement: gives a person other than the owner access to or a right of way over the homeowner’s property. Common easements allow for utilities and roads.

Access: although landlocked property can be sold, the lack of access must be disclosed to the buyer. Failure of the public record to disclose a right of access to the land will be noted in the title commitment.

If you ever have concern about easements and access to the property, help your customer review the survey and the title commitment in conjunction with your Title professional.

Know Your Title Commitment: Schedule B: Section 2

A snarky description of “Schedule B” is that the “B” stands for “Baggage.” This is especially accurate in Section 2: Exceptions.

In Section 2 you will find those things that the Title Underwriter will not cover against. If issues arise from those items in Section 2, the Title Insurance Policy will not insure against loss, nor costs, attorney fees, or other expenses resulting from them.

This is where you will usually find certain standard exceptions such as mineral and water rights. If the buyer does not like or has questions about any of the exceptions, there are a few options:

  • Ask if it can be removed.
  • Insure over it with an endorsement.
  • Eliminate it with a release, affidavit, waiver, quit claim deed, or other document.

Some of these options can take some time, so the minute the Title Commitment comes in, review Schedule B: Section 2.

Know Your Title Commitment: Schedule B: Section 1

“Ordering Title” is not like ordering pizza. Each one is as unique as the property they are issued for.

The Title Commitment can seem intimidating, but it should not be. Two of the most informative parts of the Title Commitment can be found in Schedule B. We will cover Section 1 this week, Section 2 next week.

Schedule B, Section 1 is the Requirements Section. This outlines what must be done prior to closing for a title to be issued.  You will find there:

– Taxes

– Recording a release

– Recording a new deed

– Recording loan documents

– Recording a court order evidencing the authority for one person to act on another’s behalf (POA)

– Copy of a trust, corporation or LLC paperwork

– Release of liens

– Proof of ID

It is not uncommon for a closing to be delayed as efforts are made to find items in the requirements section. “Requirements” are just that. Without satisfying all of them, no policy can be issued.

What is “gap” coverage?

mind-the-gapOn occasion people are concerned that something may affect Title between the day the Title Commitment first arrives and the closing date, AKA “the gap.”

For example, during the gap, the property could be sold or mortgaged or a lien could be asserted on the property. That is why for closings a title insurance commitment is updated to the exact time of the closing in order that the title policy issued will neither be obsolete nor contain any unanticipated problems for the parties involved that may have come up during the gap period.

There’s no reason for a buyer to be concerned; they’re covered.

Endorsements

lawyer-cartoonFor your Title Insurance Policy, the endorsements either extend or alter the policy’s coverage, or are used to interpret its provisions.

In most cases, endorsements are buyer’s charges, as they usually attach to the loan policy only. There is a whole list of possible endorsements, and which ones will come with your policy will be determined by the type of property being purchased. The lender will advise what endorsements will be required.

Three of the more common endorsements you will see are:

‐ 5.1 Planned Unit Development (PUD) – provides insurance that, (1) there are not violations of restrictive covenants, and any violation of the covenants will not cause a forfeiture or reversion of title; (2) the mortgage has priority over liens for charges and assessments by any HOA; (3) no existing structure will have to be removed because of any encroachment; (4) there has been no prior right of first refusal which would defeat title.

‐ 8.1 Environmental Protection Lien: this endorsement provides limited insurance that no environmental protection lien has been filed of record or provided for by state law as of the date of the Policy that has priority over the mortgage.

‐ FL9 (AKA Florida Form 9) Restrictions, Encroachments and Minerals Endorsement:
provides insurance against loss or damage resulting from the violations of deed restrictions, encroachments and set back lines existing as of the date of the policy.

Avoid an Unknown Title Company

Underwater minefield concept

In most of our market area, unless otherwise specified in the contract, the seller pays for the Owner’s Title Insurance policy. In Florida, the person who pays for the policy gets to choose their settlement services provider.

Does that put buyer’s agents and their customers at the mercy of the listing agent and the seller about where they will close? Not necessarily.

If you want the access, accountability, value, and the same team that helps get your listings to the closing table to work your selling side transactions as well, you can ask the seller to close with us.

All you need to do is to put in the “additional comments” section of the contract, “Title Insurance and Settlement Services to be provided by Watson Title Services of N FL Inc.”

The seller may line it through, but every month, we have a lot of sales associates bring selling side transaction to us this way. If listing agents or sellers ever have questions about closing with us, I’d love to talk to them about the benefits.

Give it a shot on your next deal.

What is a Title Commitment?

blog_img1When your title company “orders title” and after a few days tells you “the title commitment is in,” what does that actually mean?

A title commitment is a report prepared prior to issuing a title insurance policy that shows the ownership of a specific parcel of land, together with the title defects, liens, and encumbrances on the parcel which will not be covered under a subsequent title insurance policy if it were issued on the date of the commitment.

That is the key. You want those removed. To do that, the commitment lists in advance of purchase those title defects, liens, and encumbrances so the real estate agent and their title company can work to remove the referenced items on the exceptions page that are objectionable to the buyer prior to purchase.

That gives you a “clean title” and a path to the closing table!

Protect Your Ownership from Hidden Problems

Underwater minefield conceptAre there problems with a property that a title search cannot reveal?

Yes. There are some “hidden hazards” that even the most diligent title search may never reveal. For instance, the previous owner could have incorrectly stated his marital status, resulting in a possible claim by his legal spouse. Other “hidden hazards” include fraud and forgery, defective deeds, mental incompetence, confusion due to similar or identical names and clerical errors in the records.

These defects can arise after you’ve purchased your home and can jeopardize your right to ownership.

This is one of the many reasons a home buyer wants to have an Owner’s Title Insurance policy

Title insurance is the buyer’s protection against financial loss or legal expenses resulting from the unexpected arrival of problems – including any of the “hidden hazards” – that results in a claim against their ownership.