January 15, 2019
WIRE FRAUD
If you take this subject lightly, if you don't take necessary precautions, you increase your chance of becoming a statistic in the $12 Billion fraud.
Wire Fraud
Recently, someone lost $136k because they didn't recognize the signs of wire fraud.
You must be diligent in protecting yourself from this.
January 8, 2019
Currently, one of the greatest threats to real estate transactions is wire fraud. The amount of individuals who become subject to this deceit is increasing steadily. Since 2013, losses to this type of crime has topped $12 billion.
Wire Fraud
The best way to protect yourself is by the following:
--NEVER accept changes to wire instructions via email. Our wire instructions NEVER change.
-ALWAYS call to verify wiring instructions. Call a number that you are 100% confident is correct, not just the phone number provided in the email signature line.
-Look over the wire instructions to see if there are any typos, grammatical errors, or suspicious names of banks/anything out of the ordinary. Double check the name of the beneficiary & see if the bank you are wiring is local.
-Double check the email address that the wiring instructions came from.
If something doesn't seem right, do NOT wire. Verbally speak with someone you trust to confirm wiring instructions.
December 18, 2018
Today we are going to talk about the Closing Protection Letter (referred to as the CPL). The letter’s purpose is to protect the settlement funds that the lender hands over to the title company to divvy out after closing
CPL
You wouldn’t want to give a large sum of money to someone just hoping they’ll do what you intend with it right? Same with the lender! The letter protects the lender, insuring that the title company will act in their best interest, and in accordance with their closing instructions related to the title policy.
December 11, 2018
When you come to sign papers for real estate transactions, there are many documents that are required to be notarized. For a notary to sign they must be shown a valid government issued photo ID to prove you are who you say you are.
Identification
If you cannot provide that proof you will not be able to sign for the transaction and it can be frustrating that something so simple can delay the process. Make sure you have it (and that it’s not expired) before coming in!
December 4, 2018
"I just closed on my house!" It's a common term, but what does it mean exactly? According to the standard real estate purchase contract, “settlement" is when you meet with the title company to sign all of your documents.
Closing & Settlement
If you are purchasing a home, even though the documents are signed, the ownership does not transfer until funds are received and the warranty deed is recorded with the county. That is the true “closing”.
November 27, 2018
When purchasing, selling, or refinancing your home there are going to be several forms that you sign. One of the most important is called the Settlement Statement. This form shows where every penny in the transaction goes, including real estate commissions, title fees, tax prorations, mortgage payoffs, etc. It's important to review the settlement statement to make sure that your money is going where you think it is.
Settlement Statement
The settlement statement can also be used to estimate how much money you'll net from selling a home or how much money you'll need to bring to closing.
November 20, 2018
An escrow officer typically orders the title search, then evaluates its results. The searcher analyzes real estate title records to make sure the title is free and clear of any defects that may affect the transaction of the property. All parties involved in a real estate transaction rely on the searcher to complete the search quickly and accurately.
Searchers
Searchers (sometimes known as title examiners or abstracters) examine documents such as deeds, deeds of trust, liens, judgments, and other pertinent records. They assess liabilities and risks, and are able to recognize title defects and propose solutions.
November 13, 2018
Wire fraud has been causing quite the commotion lately and it is something everybody needs to be aware of. Wire fraud begins when a criminal tricks users into following a fraudulent link, or tricks a user into inputting their login information in an unsecured location. This is called phishing.
Wire Fraud
When this is done, criminals can send out emails that might appear to be coming from a legitimate business or recognized coworker. Once they gain access to an email account, they will monitor messages to find someone who is in the process of buying a home or property. They can then use this stolen information to email fraudulent wire transfer instructions to their victims.
The best way to keep yourself safe from wire fraud is to stay informed-- and never depend on e-mail alone.
November 6, 2018
Today’s topic is going to be assignment of mortgage. If you are a homeowner then you may have received a notification that your mortgage has been transferred, and now you’ll send your payment elsewhere! It is not uncommon for a lender to sell a mortgage to another lender. An assignment of mortgage is a document that essentially transfers an existing mortgage from one lender to another. It is a document stating that the property owner now owes their mortgage to a new mortgage company.
Assignment of Mortgage
It also means that the lender’s title insurance policy for that property will be transferred. The new lender gains possession of the insurance policy that had been previously owned by the past lender. In essence, this document facilitates the smooth sale of mortgages from one lender to the next.
October 30, 2018
We're going to give you a brief run down of some of the things a searcher does.
Establish a Chain of Title: A Chain of Title is a timeline showing the history of the ownership of the property.
Conduct a Tax Search: This determines the current status of the property taxes and will also uncover any unpaid taxes from previous years. This search also shows any special assessments (curb and gutter for example) for the property.
Searchers
Search for Liens and Judgments: This search will allow us to see any judgments against the individual parties involved or liens that affect the transfer of clean title on a property. For example, if construction was done on the property and not paid for, the person who completed the work could place a mechanic's lien on the property.
Inspection Report: This is a physical inspection of the property that may be necessary to confirm boundary lines, or to check if another party is encroaching on the land.
October 23, 2018
Privacy is a major concern when dealing with personal information. Remember that we cannot legally give out information to anyone who was not a part of the original transaction. This includes family members who did not sign, and wholesalers who assigned the contract to another person/entity.
Privacy
Remember that we as the title company need permission from the signed buyer or seller to share any documents or information associated with the transaction. Please help us by also respecting the privacy of others.
October 16, 2018
By definition, an escrow officer is "a neutral third party who has the responsibility to transfer the title of a home from seller to buyer once both parties have done everything they said they would do in the purchase agreement." The term "escrow" is the time it takes to accomplish this, which is usually 30-60 days.
Escrow Officer
An escrow officer essentially serves as a neutral middle man in the context of an escrow agreement. An escrow agreement is a contract between two parties where they agree that a third party should hold an asset on their behalf until their transaction is completes. The funds or assets are held by the escrow officer until they receive appropriate instructions or until other contractual obligations have been fulfilled.
October 9, 2018
"I just closed on my house!" It's a common term, but what exactly does it mean?
Closing
According to the standard purchase contract, "settlement" is when you meet with your title company to sign all of your documents. When purchasing a home, even if all of the documents are signed, the ownership does not transfer until funds are received and the warranty deed is recorded at the county. That is "closing" and it can occur up to four calendar days after settlement.
October 2, 2018
The closing process can be long and confusing, especially to first-time home buyers. However, each step is crucial in the closing process and must be done correctly. Before scheduling a closing, escrow (the title company) must first receive all the buyer's loan documents from the lender. These documents include loan approval, note, trust deed, affidavits, disclosures, lender's conditions, etc.
The Closing
Once all documents are signed by the borrower, they are sent in a loan package to the lender. The lender will usually take 24-72 hours to approve, then fund escrow. Once all funds are received from the lender, escrow can record the Warranty Deed and then the Trust Deed with the county recorder. Now the title has been switched and a new mortgage is secured by the property.
September 25, 2018
Title insurance is not extensively practiced beyond our borders. However, it is necessary here in the United States due to the nature of American real estate law.
In the 1868 Pennsylvania Supreme Court Ruling of Watson vs. Muirhead, it was determined that it was the buyer's responsibility for liabilities in title, even under circumstances where the buyer could have no way of knowing.
History of Title Insurance
In response to this, the Pennsylvania legislature passed a law in 1874 allowing for the creation of title insurance ventures for the protection of those buying real estate.
The first company was called "The Real Estate Title Company of Philadelphia" and its intention was to "insure the purchasers of real estate and mortgages against losses from defective titles, liens, and encumbrances." In its first year, it issued 169 policies.
September 18, 2018
Vesting will show exactly who owns the property, and how they took title. For example, you could own the property as an individual, as a corporation, an LLC, a married couple, two or more individuals, etc.
If you and another individual own a property, it's important to know if you are on title as "tenants in common" or "joint tenants". Tenants in common means that if one party passes away, the other person does not automatically own the property. The deceased's interest in the property is transferred to their rightful heirs.
Vesting
Joint tenants, however, means that if one of the parties passes away, the other party is now the sole owner of the property. In the state of Utah, vesting will default to tenants in common, unless otherwise specified on the warranty deed.
September 11, 2018
The title search process can seem very complex, especially to first-time home buyers. Whether you are buying, building, or refinancing your home, it's always a good idea to get a complete title search done on the property.
The Title Search
A search, which is completed by a title professional, will reveal any liens, unpaid debts, or taxes on the property in the past. Your lender will want to see that these are taken care of as soon as possible. Be aware that problems may arise, but the sooner you are able to address them the better.
September 4, 2018
Ever wonder how the title process works when you purchase or refinance a home? Well wonder no more! Here is a 5 step guide to the transaction.
Step One: Title is ordered- the address and other information is sent to a searcher to check who holds title and what liens or judgments are connected to the property.
Step Two: Preliminary Report/Title Commitment- the information gathered by the searcher is compiled into an initial report and sent to the involved parties.
Transaction Procedure
Step Three: Clearing/Document Preparation- this is when escrow officers and assistants gather personal information such as DOB's to remove judgments or liens. All the information begins to be added to the CD and documents are prepared.
Step Four: Signing/Closing- CD's, and/or loan documents are signed by the involved parties, as well as Warranty Deeds, Trust Deeds and any other documents to be recorded with the county.
Step Five: Funding/Recording- Once the money has been received from the responsible parties, the file is funded and the documents are recorded with the county. Remember, it is not until ownership or new mortgages are recorded by the county that a transaction is considered complete. This also means that moving into your new home will need to wait until after recording.
August 28, 2018
Privacy is a major concern when dealing with personal information. Remember that we cannot legally give out information to anyone who was not a part of the original transaction. This includes family members who did not sign, and wholesalers who assigned the contract to another person/entity.
Privacy
Remember that we as the title company need permission from the signed buyer or seller to share any documents or information associated with the transaction. Please help us by also respecting the privacy of others.
August 21, 2018
You might be wondering what exactly a lien is. A lien is anything that needs to be paid off on a property before a new buyer is able to purchase it. One example of a lien is a Trust Deed (Also known as a Deed of Trust). The only way to remove a Trust Deed from a property is through a "Deed of Reconveyance".
Reconveyance
This Reconveyance document is signed by the trustee and recorded with the county. When recorded, this document lets everyone know that the debt has been satisfied.
August 14, 2018
Title insurance can be a confusing concept for some, because it doesn't work like other types of insurance. For example, car insurance protects you against future accidents with your car. Title insurance, however, protects you against prior, undisclosed problems with title. It protects you against financial loss due to title defects, liens, or other matters of public record.
Title Insurance
One example could be a judgment or lien from a prior owner that was never satisfied before you took title. Just because someone sells their property, doesn't mean that any liens or judgments they have on the property are wiped clean. For a one-time premium your title insurance policy will remain in effect for as long as you own the property.
August 7, 2018
A home is usually the single largest investment a person can make and although it is not widely understood, title insurance is one of the most important insurance policies you can get. Title insurance protects against hidden title hazards or defects that may threaten the financial investment in your home.
Title Insurance
Title insurance has many benefits; it even protects you against the possibility of a neighbor or someone else putting up a fence, pool, deck, shed, driveway, etc., on your new property. Should this occur before you close, title insurance will pay the cost of any legal battle or other efforts to settle the matter out of court in order to have the item removed from the property that is legally yours.
July 31, 2018
When working with seller financing, be cautious and professional. Handshake agreements are nice but do not ensure full disclosure.
Seller Financing
Be sure you have all of the seller's loan documents, especially if there is a second mortgage, and learn to check the county website abstract for recorded mortgages and miscellaneous liens. If you are unsure of the information contained in the recorded documents abstract, go ahead and give us a call!
July 24, 2018
Policies: Did you know that nearly 25% of all residential real estate transactions have issues with the title? These issues are resolved by title professionals prior to closing.
Policies
Owners Policy: An owners title insurance policy (an Owner's Policy) protects the buyer in a real estate transaction. This policy is typically issued in the amount of the real estate purchase price and will remain in effect as long as the owner has an interest in the property. An owners policy protects the owner of a home from risks that may arise from past events.
Loan Policy: A loan policy insures the mortgagee against loss that may occur as a result of defective title, or against loss of priority of the mortgage. A loan policy is issued in the amount of the loan, and liability decreases as the mortgage debt is reduced.
July 17, 2018
Do you want to make sure your closing will be smooth and less confusing? Be proactive in investigating the commissions you would be receiving as an agent when writing your offer. Also be aware of when a commission might be changed. For instance, if the agent commissions are subject to bank approval and the bank approves less than the original commission expected, will both agents split the difference or will one bear the loss?
Commission
The closing process can be tricky-- trust the professionals! Come to us for all of your title needs. Contact us at info@chargertitle.com or (801) 216-8880!