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are second to none.
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Company is the right choice for all your title service needs.
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• Click here for Preliminary
Reports
TITLE
INFO: Steps
in the Title Process: What They Mean to You!
Initial Request for the Title Insurance
An order for the title insurance opened with
a title officer who produces the initial response promptly
within 24 to 48 hours. A Preliminary report can be issued
with the minimum of information; without even identifying
the buyer or the terms of the sale. It shows the record
title as it presently exists and is only an identifying the
buyer or the terms of the sale. It shows the record as
it presently exists and is only an offer to provide insurance.
On-Site Searching and Examining
Your title officer performs three searches:
Property, Name & Tax searches. From that information,
a Preliminary report is created. Our on-site customer
service center expedites the process of obtaining hard copies
of recorded matters prevent the buyer from using the property
for its intended purpose? Can antiquated leases be eliminated
from the policy per a review of the current leases?
Inspection Analysis
In anticipation of ALTA coverage, a site inspection
is ordered. From the inspection report, the initial title
product is supplemented to show any encroachments or other
off-record matters, which would ultimately impact the title.
Co-Insurance or Re-Insurance, Other Details
If co-insurance or re-insurance is needed
for a transaction, we expedite the confirmation of approval. You,
the customer, are never bogged down or delayed by the action
on the part of our title unit. To the contrary, as a
resource and as a facilitator of the transaction, we assume
the responsibility for as many details as possible and are
able to direct you to other resources where necessary (such
as for a lost instrument bond).
We Earn Your respect with our Skills, Service
and Solutions
We try not to point out impediments to the
close of a transaction without also offering assistance and
solutions. By understanding the sometimes delicate balance
of the interests of the parties to a transaction, and
by professionally and courteously handling issues as they
arise, we can capably guide a transaction to a successful
conclusion.
Documents in the Title Process
- Preliminary Report
- Commitment – Shows the condition of title in the way we
are willing to issue it.
- Pro Forma – Specimen of what the requested policy, as
requested, will look like. Underwriting issues not completed.
Not binding upon the company.
- Policy – Final product. Contract of indemnity
between named insured and the company.
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TITLE
INSURANCE: Understanding Title Insurance
What is title insurance? Newspapers refer
to it in the weekly real estate sections and you hear about
it in conversations with real estate brokers. If you've
purchased a home you may be familiar with the benefits of
title insurance. However, if this your first home, you may
wonder, “Why do I need yet another insurance policy?” While
a number of issues can be raised by that question, we will
start with general answer.
The purchase of a home is one of the most
expensive and important purchases you will ever make. You
and your mortgage lender will want to make sure the property
is indeed yours and that no one else has any lien, claim or
encumbrance on your property.
The California I and Title Association, in
the following pages, answers some questions frequently asked
an often misunderstood line of insurance-title insurance.
Q. What is the difference
between the insurance and casualty insurance?
A. Title insurers
work to identify and eliminate risk before issuing a title
insurance policy. Casualty insurers assume risks.
Casualty insurance companies realize that
a certain number of losses will occur each year in a given
category (auto, fire etc.). The insurers collect premiums
monthly or annually from the policy holders to establish reserve
funds in order to pay for expected losses.
Title companies work in a very different manner. Title
insurance will indemnify you against loss under the terms
of your policy, but title companies work in advance of issuing
your policy to identify and eliminate potential risks and
therefore prevent losses caused by the title defects that
may have been created in the past.
Title insurance also differs from casualty
insurance in that the greatest part of the title insurance
premium dollar goes towards risk elimination. Title companies
maintain “title plants” which contain information regarding
property transfers and liens reaching back many years. Maintaining
these title plants, along with the searching and examining
of title, is where most of your premium dollar goes.
Q. Who needs title
insurance?
A. Buyers and lenders
in real estate transactions need title insurance. Both
want to know that the property they are involved with
is insured against certain defects. Title companies provide
this needed insurance coverage subject to the terms of the
policy. The insurance is provided by the title companies.
Q. What does
title insurance do?
A. Title insurance
protection against claims resulting from various defects (as
set out in the policy) which may exist in the title to a specific
parcel of real property, effective on the issue date of the
policy. For example, a person might claim to have a deed or
lease giving them ownership or the right to possess your property. Another
person could claim to hold easement giving them a right of
access across your land. Yet another person may claim that
they have a lien on your property securing the repayment of
a debt. That property may be an empty lot or it may hold
a 500-story office tower. Title companies work with all
types of real property.
Q. What types of
policies are available?
A. Title companies
routinely issue two types of policies: An “owners"
policy which insures you, the home buyer for as long as you
and your heirs own the home; and a “lenders” policy which
insures the priority of the lender's security interest over
the claims that others may have in the property.
Q. What protection
am I obtaining with my title policy?
A. A title
insurance policy contains provisions for the payment of the
legal fees in defense of a claim against your property, which
is covered under your policy. It also contains provisions
for indemnification against losses, which result from a covered
claim. A premium is paid at the close of a transaction. There
are no continuing premiums due, as there are with other types
of insurance.
Q. What are my chances
of ever using my title policy?
A. In essence,
by acquiring your policy, you derive the important knowledge
that recorded matters have been searched and examined so that
title insurance covering your property can be issued. Because
we are risk eliminators, the probability of exercising your
right to make a claim is very low. However, claims against
your property may not be valid, making the continuous protection
of the policy all the more important. When a title company
provides a legal defense against claims covered by your title
insurance policy, the savings to you for that legal defense
alone will greatly exceed the one time premium.
Q. What if I am
buying property from someone I know?
A. You may
not know the owner as well as you think you do. People
undergo changes in their personal lives that may affect title
to their property. People get divorced, change their
wills, engage in transactions that may limit the use of the
property and have liens and judgments placed against them
personally for various reasons.
There may also be matters affecting the property
that are not obvious or known, even by the existing owner,
which a little search and examination seeks to uncover as
part of the process leading up to the issuance of the title
insurance policy.
Just as you wouldn't make an investment based
on a phone call, you shouldn't buy real property without assurances
as to your title. Title insurance provides these assurances.
The process of risk identification and elimination
performed by the title companies, prior to the issuance of
a title policy, benefits all parties in the property transaction. It
minimizes the chances that adverse claims might be raised,
and by doing so reduces the number of claims that need to
be defended or satisfied. This process keeps costs and
expenses down for the company and maintains the traditional
low cost of title insurance.
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PRELIMINARY
REPORTS: Understanding Preliminary
Reports
After months of searching, you've
finally found it-your perfect dream home...
But is it perfect? Will you be purchasing more than
just a beautiful home? Will you also be acquiring liens
placed on the property by prior owners?
Have documents been recorded that will restrict
your use of the property?
The Preliminary report will provide you with
the opportunity, prior to purchase, to review matters affecting
your property, which will be excluded from coverage under
your title insurance policy unless removed or eliminated before
purchase. To help you better understand this often bewildering
subject, the California Land Title Association has answered
some of the questions most commonly asked about Preliminary
reports.
What is a Preliminary Report?
A Preliminary report is a report prepared
prior to issuing a policy of title insurance that shows the
ownership of a specific parcel of land, together with the
liens & encumbrances thereon which will not be covered
under a subsequent title insurance policy.
What role does a Preliminary report play in
the real estate process?
A Preliminary report contains the conditions
under which the title company will issue a particular type
of title insurance policy. The Preliminary report lists, in
advance of purchase, title defects liens and encumbrances
which would be excluded from coverage if the requested title
insurances policy were to be issued as of the date of the
Preliminary report. The report may then be reviewed and
discussed by the parties to a real estate transaction and
their agents. Thus, a Preliminary report provides the
opportunity to seek the removal of items referenced in the
report, which are objectionable to the buyer prior to purchase.
When and how is the Preliminary report produced?
Shortly after escrow
is opened, an order will be placed and the title company will
begin the process involved in producing the report. This
process calls for the assembly and review of certain recorded
matters relative to both the property and the parties to the
transaction. Examples of recorded matters include a deed
of trust recorded against property or a lien recorded against
the buyer or seller for an unpaid court award or unpaid taxes. These
recorded matters are listed numerically as “exceptions” in
the Preliminary report. They will remain exceptions from
the title insurance coverage unless eliminated or released
prior to the transfer of title.
What should I look for when reading my Preliminary
report?
You will be interested, primarily, in the
extent of your ownership rights. This means you will
want to review the ownership interest in the property you
will be buying as well as any claims, restrictions or interests
of other people involving the property. The report will
note in a statement of vesting the degree, quantity, nature
and extent the owner's interest in the real property. The
most common form of interests is “fee simple” or “fee” which
is the highest type of interest an owner can have in land. Liens,
restrictions and interests of others, which are being excluded
from coverage, will be listed numerically as “exceptions”
in the Preliminary report. This maybe claims by creditors
who have liens or liens for payment of taxes or assessments. There
may also be recorded restrictions, which have been placed
in a prior deed or contained in what are termed CC&R's
– covenants, conditions and restrictions. Finally, interests
of third parties are not uncommon and may include easements
given by a prior owner, which limit your use of the property.
When you buy property you may not wish to have these claims
or restrictions on your property. Instead, you may want
to clear the unwanted items prior to purchase. In addition
to the limitations noted above, a printed list of standard
exceptions and exclusions listing items not covered by your
title insurance policy may be attached as an exhibit item
to your report. Unlike the numbered exclusions, which are
specific to the property you are buying, these are standard
exceptions and exclusions appearing in title insurance policies. The
review of this section is important, as it sets forth matters
which will not be covered under your title insurance policy,
but which you may wish to investigate, such as government
laws or regulations governing building and zoning.
Can I be protected against title risks prior
to the close of real estate transaction?
Yes you can. Title companies can protect your interest through
the issuance of “binders” and “commitments.” A binder is an
agreement to issue insurance giving temporary coverage until
such time as a formal policy is issued. A commitment is
a little insurer's contractual obligation to insure title to
real property. Discuss with your title insurer the best means
to protect your interest. How do I go about clearing unwanted
Liens and Encumbrances?
You will wish to carefully review the Preliminary
report. Should the title to the property be clouded,
you and your agents will work with the seller and the seller's
agents to clear the unwanted liens and encumbrances prior
to taking title.
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