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Tuesday, October 20, 2009

Why Do We Need To Use A Title Company?

By Greg Foust

Most people buy under 3 homes over the entire course of their lives. There are several professionals that are necessary for even the most typical real estate transaction, and title companies are no exception. Due to the high dollar amount of most real estate these professionals represent and protect assorted parties interests in the property.

The title company performs the necessary role of checking all aspects relating to the title of a property right from the legal ownership to title insurance. The buyer and title company have a common goal of avoiding any legal disputes which might emerge later in case the title of the property is not clear.

Any disruption in title or legal description and the title company has the responsibility to try to straighten it out and alert all parties. Any mechanics liens or tax liens have to be settled before the property can legally transfer hands.

Realtors involve the title company as soon as they have an accepted contract by sending the file to them as soon it is signed by all parties. The title company immediately confirms all compliance with pertinent laws and regulations and then oversees the transfer of title and the following responsibilities as well.

Confirming the identity of the sellers

The confirmation of the seller's identity and their legal ability to transfer the property is verified at this point by the title company. Then they submit all necessary legal paperwork as well at the appropriate time.

The title is legally transferable

The title company also confirms that the buyer can take title in a clear manner. This confirms that all liens and encumbrances have been cleared out and there are not any other remaining issues with the title.

Title insurance

In many instances, the title company also organizes for title insurance to the buyer against any legal risks that might surface in the future. This would insure the buyer against any ownership issue emerging in future and costs involved in litigation and other matters related to settling any dispute regarding the sale being made by the actual owner of the property. Though the buyer has the right to choose his title insurer, the buyer usually prefers the same company with whom the lender takes tile insurance cover.

The "Commitment of Title Insurance" is issued once the title company has certified the title of the property. All parties and participants in the transaction receive a copy.

It is in your interest to get all ownership and legal details about the property that you intend to buy. Share the responsibility with the company checking the title for your property and understand the details that they provide. - 23162

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