Tag: closing

Real Estate Property Taxes are Due Soon – Don’t Forget!

It’s property tax season! In Kansas, property taxes are due in arrears and paid twice a year. Taxes for the first half of the year are due December 20th of the current year; the second half of the year is due on May 10th of the following year. This means that unpaid taxes for the current year are considered delinquent as early as December 21st.

In order to avoid delinquency, we recommend paying before December 20th, otherwise you could encounter long lines or delays in processing your payment.  With varying restrictions due to Covid-19, be sure to contact your county treasurer in advance to see if an appointment is required to pay your bill or be sure to mail in your payment early enough to ensure it is postmarked prior to the due date.

Selling your real estate?

If your real estate is currently under contract, you may have very specific questions. Like, what if I am selling my real estate and the closing date is near the tax due date? How does our title company handle taxes? Do we pay them ourselves? Do we pay them at closing?

First, take a deep breathe. Then call your closing agent and ask them how they would prefer to handle the taxes.

If the closing date is prior to the due date your closing agent may prefer that you wait and pay the taxes through closing. If they are due after closing, they may encourage payment prior to closing to prevent late fees and penalties. Either way, if a payment is made your closing agent will need proof of payment in order to remove the payment from the settlement statement. Otherwise funds will be held in escrow and paid to the county by December 20th or refunded to the Seller upon proof of payment prior to December 20th.

How do I get proof of payment?

When paying taxes in the county office, the treasurer will provide you with a receipt for your payment. Hand deliver or email a copy to your closing agent and they will take care of the rest. If you mail in your payment, your closing agent can call the county and request the receipt.

If taxes are paid at closing, do I have to take the check to the county treasurer myself?

Nope, the title company will send a courier to the county and take care of getting them paid, you will not need to worry about the taxes getting paid we will take care of everything.

If you are unsure of next steps please feel free to reach out to our office. We can walk you through the process to make your closing as smooth and stress free as possible.

How Does Title Insurance Work?

Here at Tallgrass Title, we have discussed many topics about the nuts and bolts of real estate transactions: closings, probates, commitments, policies, etc.  But what is title insurance and how does it actually work?

Title insurance is essentially insurance that either insures that you actually own a tract of real estate and/or that a bank’s mortgage is valid and filed of record.  Title insurance, like other types of insurance, is governed by the individual state.  Insurance in Kansas is established and governed by state statutes that establish the types of insurance allowed to be sold in the state and various regulations governing the sale.  The major types are life, health, hazard, liability, property and title.  Further, Kansas Statutes establish the Kansas Insurance Department and Commissioner of Insurance. The Kansas Commissioner of Insurance is tasked with enforcing Kansas Statutes relating to insurance, licensing and regulating the sale of insurance.

When purchasing an insurance policy, an individual or entity enters into a contract with the insurance company.  The contract establishes the amount of coverage sold, the terms of the policy, exceptions to coverage and what constitutes a claim.  Kansas state law also establishes how fees are established and charged, how the money is accumulated, and who is entitled to the proceeds.  This ensures that when a claim (loss) happens, that the insurance company has retained sufficient funds to pay potential claims.  Otherwise, an unscrupulous company could sell policies and spend the premiums paid and then be without sufficient funds to pay a claim.  For example, if a consumer purchases a title policy insuring the person as an owner of the real estate with a policy amount of $100,000 and it is later shown that the property is actually owned by another party, a title insurance company is bound to pay up to the amount of $100,000 loss.  Now, there are a multitude of corrective measures and potential outcomes of any claim.  The bottom line is that a title insurance company is bound to hold a certain amount per $1000 of insurance sold for potential claims.

Kansas insurance statutes also require that reinsurance be purchased when a particular title insurance company’s “reserve” or “pool” is not large enough to cover the size of policy sold by the company.  This is done by purchasing reinsurance from another title company or other insurance company.  This protects the customer from an insurance company failing to have the reserves to cover certain sized policies.

In Kansas, most title insurance is sold through independent agents (including Tallgrass Title!).  An independent agent sells title insurance on behalf of a title insurance company, otherwise known as an underwriter.  An underwriter and independent agent enter into an agreement allowing the independent agent to sell its title policies with a certain division of the premiums.  Here at Tallgrass Title, we currently write title policies for three underwriters.  In our experience, each offers a unique product and the variety of options available allows us to better serve our customers.

In the end, title insurance is simply another form of coverage that specifically protects property rights.  Here at Tallgrass Title, we are proud to serve our customers in this regard.  This includes explaining any aspect of your real estate transaction or title policy.  If you have a question, feel free to ask one of our real estate professionals.  We love to talk title!

What’s the Timeline for Closing Your Deal?

Here at Tallgrass Title, once we receive the signed contract in our office, the clock starts ticking on our countdown to get everything out in a timely manner.  Our goal is to be efficient, friendly, and fast in all aspects of what we do, but, sometimes the fast part does not always happen as fast as we would like. We get asked often what the time frame is to close a transaction.  In most instances, we are able to say that we can have it done within 30 days. There are situations where that is not possible and there are situations we can close in as little as a few days. The following is a rough timeline of the steps we take to get transactions closed in order to give you an idea of the potential timeline for your unique closing.

Commitment

Within 24 – 48 hours of receiving a signed contract we try to have to commitment issued to all parties. This can take longer depending on whether additional research is needed to clear the title. Generally, this means tracking down additional documents to trace the chain of title or add exceptions.

Preliminary Documents

Once the commitment is sent out, the file is assigned a Closing Agent. Your Closing Agent will put together two preliminary packets: a Deed Packet and Buyer Documents. These packets will then be sent to the clients’ respective realtors or directly to the clients (if unrepresented) to get reviewed and signed prior to closing. Getting the preliminary packets signed and returned well in advance can help make the process smoother as we sometimes experience delays in the process of getting payoff instructions from lien holders.

Invoices and Payoffs

Once both of the preliminary packets have been sent out, the Closing Agent begins working on the preliminary settlement statements. With a cash transaction this can mean closing as soon as the deed packet and buyer docs have been returned, we receive any invoices and payoffs we need to obtain, and the buyer and seller are both ready to close. For a transaction that is being financed the process is a little longer. The lender has to disclose fees three days prior to closing, we need have underwriter approval or a “clear to close” status, and the bank has to have the property appraisal back.

Closing

Once we have everything in our office we need and the lender, if there is one, has received approval to close as well –what’s next? We will set up a time for closing either at the bank or in our office.

Cash Sale Closing

Buyers and Sellers may sign all their final documents electronically and certified funds can either be wired or dropped off at one of our offices.  After disbursement and recording the deed, the transaction is complete!

Financed Closing

When there is a mortgage involved, we ask you block off about an hour for closing as there are several documents to work through and sign. Once signing is complete, we will send the loan packet to the lender for funding authorization. Once we have authorization and all funds, we will disburse, record the deed and mortgage, and the transaction is complete.

We strive to make the closing process as smooth and easy (and quick) as we can.  Hopefully this gives you better picture of the timing of your unique transactions. We are here to facilitate everything and take the pressure off you and your clients. Please feel free to give us a call with any questions you have.

Different Types of Deeds and Interest

Quite frequently we are asked what deed is appropriate to transfer real estate in particular situations. The truth is there is not one deed for all transactions. There are different scenarios that require different verbiage to complete the transfer of real estate. Below is a brief explanation of what the different deed and interest types are and when they would be used in a real estate transaction.

Deeds

General Warranty Deed – A General Warranty Deed transfers real estate from one party to another.  Most importantly, the grantor is “warranting” that they own the real estate and guaranteeing that the grantee is receiving title to the real estate. It is the most commonly used deed and affords a grantee the grantor’s warranty of ownership..

Trustee’s Deed – A Trustee of a Trust in accordance with the Trust Agreement would sign a Trustee’s Deed to transfer real estate.  Again, most often Trustee’s deeds will appear as a warranty deed.

Administrator’s Deed – If the title holder passes away intestate (without a will) and the real estate is part of a court action, the Administrator may sign an Administrator’s Deed with permission from the court to transfer real estate.

Executor’s Deed – If the title holder passes away testate (with a will) and the real estate is part of a court action, the Executor may sign an Executor’s Deed to act in accordance with the Will of the decedent to transfer real estate.

Sheriff’s Deed – If the real estate being transferred was sold at a sheriff’s sale as part of a foreclosure or other civil procedure, a Sheriff will give a purchaser a Sheriff’s deed.  Such a deed will contain the specifics of how the sheriff gained the authority to make such a deed. 

Quitclaim Deed – A Quitclaim Deed is used when a party may have an interest that needs to be transferred to another party. The Grantor of the Quitclaim Deed is not Warranting that they have an interest, instead they are relinquishing any interest they may have.

Interest

Joint Tenancy with Right of Survivorship – When two parties own real estate together, if one were to pass away all their interest would transfer to the other party by filing a Death Certificate, Affidavit of Death, or filing the Will with the court.  Real Estate held between spouses is generally held as Joint Tenacy with Right of Survivorship.

Tenants in Common – When two parties own real estate together, if one were to pass away their interest would transfer to their heirs at law or by a will or other estate planning device.  This type of interest is common when two or more parties who are not married to each other own real estate together.

Life Estate – This is when a party retains an interest in the real estate for the duration of their life. They have the all the rights of use they would if they held title but only for the duration of their life. The real estate may be transferred to another party by the party holding the life estate but the tenancy terminates upon death of the original life estate holder.

Our team is knowledgeable and passionate about title insurance related inquiries. If you still have questions or would like more information, please do not hesitate to give us a call. We are here to help.

The Tallgrass Title Cinnamon Roll Vision Quest

After many debates around the office about the best bakery in the area, and more specifically, the best cinnamon rolls around, we decided to conduct an experiment.  I present to you the Tallgrass Title Cinnamon Roll Vision Quest.  In providing title services across the Flint Hills region, our staff has gotten into the habit of making pit stops for cinnamon rolls (and cookies and muffins…stay tuned) in the various towns we travel to and from to conduct title searches, perform mobile notary services, or deliver commission checks.  We decided to put the debate to rest and execute a super scientific analysis.

The Contenders

Alma Bakery and Sweet Shoppe, Alma
Sugar Creek Country Store, St. Marys
Friendship House, Wamego
Bluestem Bistro, Manhattan
Tasty Pastry, Clay Center
Kawffee Pot, St. George
Radina’s, Manhattan

Our Process

After sampling each cinnamon roll, our team completed a survey evaluating the specimen in regard to the flavor and quality of icing, roll density and flavor, the element of cinnamon (or lack thereof), appearance, and one’s personal desire to buy this cinnamon roll for their friends.

Our Findings

Best in Cinnamon-tography

Whereas many of the otherwise delicious cinnamon rolls we tested lacked a strong cinnamon flavor, the rolls from St. George’s Kawffee Pot possessed a delightful amount of cinnamon goo. These rolls also had a rich and flavorful icing with elements of vanilla and almond.  These were definitely the sweetest of the contenders; if you’re looking for a rich and dessert-like treat, Kawffee Pot is the way to go!  The rolls themselves were quite fluffy, moist, and flavorful.

The Heartiest

Radina’s and Bluestem Bistro, both located in Manhattan, served up the heartiest rolls we tried – maybe meals in themselves.  Both rolls were light, airy, and very fluffy!  Both less sweet than their rivals, Radina’s quality bread delivered a cinnamon roll that felt a little more appropriate for breakfast than dessert. Bluestem Bistro’s rolls were by far the fluffiest and most moist of our contenders.

Icing on the Cake!

The Alma Bakery and Sweet Shoppe and Sugar Creek in St. Marys both had such impeccable icing, our data collection resulted in a tie.  Thick, buttery, and perhaps sour cream-y, Sugar Creek delivered an outstanding icing that complimented their perfectly sized moist, albeit a bit dense, rolls.  Alma has stood out as a fan favorite around the office, in part due to their delicate, natural flavored icing paired with light and airy rolls with a strong cinnamon flavor.  These rolls didn’t last long around the office, what did last was the team scheming up reasons to drive to Alma for more.

Best in Show

Perfect and strategically located down the street from Tallgrass Title headquarters.  Our old faithful Friendship House cinnamon rolls.  Moist, light, and hearty cinnamon rolls with a perfect ratio of rich, buttery icing. And impeccably cute.  100% of respondents said these rolls were just right on sweetness, although there was some disagreement on whether they had quite enough cinnamon.

A Nutty Honorable Mention

A visit to Clay Center brought the Tasty Pastry into the competition. However, they were fresh out of cinnamon rolls that day.  Lucky for us, a local advised we check out the Nut Rolls.  Covered in scrumptious nuts with plenty of cinnamon, icing, and still in a roll shape! These treats might qualify more as donuts but trust me, they still won us over.

 

Here at Tallgrass Title, we’re happy to help with all your title insurance needs, it’s our job!  Feel free to contact our title professionals with questions arising with a current closing or general inquiries about title and escrow services.  We’re also happy to offer our recommendations for the best local treats and eats. …we’d like to think it’s our job!

Tips and Tricks for Submitting a New Order

How do I submit a new order and what info do I need?

Here at Tallgrass Title we are always happy to get new orders started for you and hope to make it as easy as possible.  To do this, we offer three simple ways to submit new orders or ask questions. Whether it be a contract, refinance, informational report, or preliminary title, any of these methods should cover you!

Email or Fax

A simple way to contact us is through email. A quick email to order@tallgrasstitleks.com is all it takes to get us started.  Whether it’s an order, a simple question, or preliminary title you are just getting started, we can get things going for you with minimal information. All it takes is a quick email.

We can also receive new orders through fax at (785)456–8581. Just send over your contract or title order form and we will get a file started for you!

Our Website

We can also receive new orders through our website: tallgrasstitleks.com! All it takes is to go to the website and follow the link on the main page to Submit Order or follow the Services drop down and click on “Get Started”.

This will lead you to an online fillable order form. Just fill this in, to the best of your ability, and hit submit at the bottom. The fields marked with an * will help guide you through required information.

We will receive your order like this and get a file started for you.

Just remember to include your name and contact information so we can contact you with any questions!

PaperlessCloser

Another way to submit a new order to us is through PaperlessCloser. Access to this program can be found on the main page of our website or through the Client Login drop down. This will direct you to the log on for PaperlessCloser. Once logged in there will be a button for New Order in the bottom right corner.

Fill in the fields with your information and hit Add Order. This will send your order directly to our system so we can get it started for you.

We can get pretty much anything started with an address or current owner so don’t let the details slow you down; feel free to submit what you have, and we will help you with the rest.  However, if you can provide information regarding the buyer or sellers marital status, that will help us immensely in the initial stages! For more information on placing orders or all things title insurance, feel free to give us a call or send an email! We are so happy to help.

Construction Hold-Open Commitments

The 2020 residential building season is now upon us!   Building season brings construction loans and the title concerns that come with this type of financing.   There can be concerns about the duplication of title services and costs that come along with it as well as insuring that the title to the real estate does not collect liens and other title issues prior to permanent financing.   At Tallgrass Title, we are pleased to offer a “construction hold-open” type commitment to assist in the construction of residential property.

Tallgrass Title is proud to say that we can assist in this area!

Q:  How is residential construction financed?

A:  People constructing a home will typically borrow money in order to finance the construction with a “construction loan.”  A construction loan is short term financing of real estate construction.  Generally, a construction loan is followed by long term financing called an “End Loan” that is issued upon completion of improvements.

Q:  Do both loans need title insurance?

A:  Because of the nature of a construction loan, Lenders are often concerned about the length of time a commitment is valid from its issuance.  Commonly, the commitment expires before the construction can be completed and  before going to end loan. To solve this issue, lenders will pay for a full title policy on the construction loan and then again on the end-loan.  The downside is that this creates duplicated costs.

How we can help:

Tallgrass Title is the only title insurance company in the area that offers a “Construction Hold-Open Commitment.”  A Construction Hold Open Commitment provides periodic updates of the construction loan commitment every 120 days keeping the title coverage valid until the end loan is closed.  Therefore, the costs are not duplicated between the construction loan and the end loan.

How to request:

Simply order a Construction Hold-Open Commitment from Tallgrass Title and we will perform the initial search and issue a Commitment for a $200 fee.  The Construction Hold-Open Commitment is then valid for 120 days from the Commitment Date and can be renewed for an additional 120 days with an update. We will perform two updates as part of the initial fee.  We will typically send out an update reminder when the expiration date is near. However, we do not perform updates without a request from the lender. After the second update, if further updates are required there will be an additional $50 fee per update. Construction Hold-opens can remain open indefinitely with the appropriate updates.

When the construction is complete and the mortgage is ready to go to End Loan or final policy we will do a final update at no additional charge. When the Final Mortgage is ready to be filed we collect the Premium and any Endorsement fees and record the New Mortgage. Our office must record the Mortgage and any other required documents with the Register of Deeds Office to ensure that the title is free and clear of any possible new liens. When the recorded documents come back from the county and all the requirements are met we will issue the Policy.

For those of you that use our Paperless Closer system, simply note that the loan is for new construction and type into the notes that you want a Construction Hold-Open Commitment.  If you prefer to email the order, please note the request on your order form.

Please contact our office if you have any questions!  We look forward to assisting you in the 2020 building season. 

Wet-Ink or Electronic Signatures on Closing Documents

Here at Tallgrass Title we are focused on helping to make each transaction happen as smoothly as possible. One of the tools we encourage people to use is electronic signatures. Programs such as Dotloop®, DocuSign®, and many others provide a secure platform for buyers, sellers, and realtors to affix their signatures to documents quickly and efficiently.

At the beginning of a transaction, contracts, addendums, and disclosures can be signed electronically. This cuts down on the time and shoe leather it takes to obtain documents to get the process started. Most programs also have a way to send a copy of the signed documents to the title company, so you don’t have to save a copy somewhere else on your computer to pass on later.

Soon after the commitment is sent out, our closing agents generate the Buyer Preliminary Documents and the Seller Deed Packet. We send them out as soon as possible and encourage early signatures as it helps the closing process go more smoothly. Our Buyer Prelim Doc packet can be signed electronically in its entirety.  This packet includes a warning sheet about wire fraud; it is very important that it is read by the buyers at the earliest opportunity. Scammers and fraudsters try to steal earnest money deposits, not just closing funds! The fraud sheet also shows that we have partnered with a secure company called CertifID® to send and receive wire instructions. This program verifies the senders/receivers’ identities, verifies the wire instructions, and insures each wire sent using the verified instructions.

The Seller Deed Packet also includes a warning about wire fraud in case they would like to have us wire their proceeds to them at closing. This document and all other documents that do not need a notary’s signature may also be signed electronically. As a reminder: the Information Release form and the 1099 tax sheet require the seller’s social security number so please send the completed documents back to us securely. The Deed and any Affidavits will need to be signed in the presence of a notary. Your clients can either meet with a notary of their choice or they can visit our office where one of our notaries would be happy to assist. During this time of social-distancing, we do ask that you call us to let us know when they are coming.

The final documents that are needed for closing are the settlement statements and the loan paperwork if the buyers are receiving financing. For our purposes, the sellers can sign their statements electronically and don’t need to come to a closing appointment in person unless they choose to do so. As of this time, the buyers do need to sign their loan packet in person, either at their bank or in our office. Some lenders have begun to have buyers sign a portion of the documents electronically to reduce the amount of time needed to complete the closing. However, the buyers do need to sign the mortgage and a few other documents before a notary.

Please reach out to us to discuss which methods best fit your transaction. Our agents are happy to help walk you through the tasks that can be completed electronically in order to help your transaction go smoothly.

FAQ: Kansas State Property Taxes

With tax deadlines right around the corner we get asked a lot of questions about property taxes before, during and even after closing. Part of our job during the closing process is to make sure you and your clients understand what is on the settlement statement before signing. The following are the most frequently asked questions we hear regarding real estate taxes:

Q – When are real estate taxes in Kansas due?

A – Taxes are paid in December and May.

Example: Annual taxes are due in December of every year but the second half of the payment may be deferred until May of the following year.  Therefore, most real estate taxes are paid in two installments in December and May.  For example, the first half of 2019 taxes were due on December 20, 2019 and the second half will be due on May 10, 2020. 

Q – When will I receive my tax statement?

A – Tax statements are sent out by your county treasurer’s office on or after November 1st but no later than December 15th each year. You can also look them up online at the county treasurer’s website..

Q – I paid this year’s taxes, why is it showing up on my settlement statement that I have to pay it again?

A – Taxes for the year 2019 are due in December of 2019 and May of 2020. We make sure that all of 2019 taxes are paid at the time of closing and if they are not, we put the payment on the settlement statement to pay them current.  The other real estate tax payment appearing on a settlement statement  is a tax proration. If a closing happened in April of 2020 and all of 2019 taxes are paid in full the sellers will give the buyers a credit for the time the Sellers owned the real estate from January 1st to the date of closing. Then, when 2020 taxes are assessed and become due in December 2020, the Buyer is responsible for paying the 2020 taxes in full.

Q – I closed in October, why did I receive a tax statement, shouldn’t this go to the new owners?

A – Yes, however when closing happens so close to issuing statements, the county offices do not always have time to get addresses and ownership updated in their system before statements are issued and sent out. If you paid your taxes through closing you will not have to pay them again.

If you have other questions regarding property taxes we are here to help answer them. Our team at Tallgrass Title is very knowledgeable and eager to assist.

Multiple Owners of Real Estate and Ownership Interests

Ownership in Property

When it comes to holding title in real estate with another person or entity, there are two highly common ways to be vested on a deed: Tenants in Common and Joint Tenants with the Rights of Survivorship.

Tenants in Common is ownership of the real estate between two individuals and entities or more.  The ownership is undivided, meaning that your ownership is of the whole tract or real estate and not a particular portion. Additionally, the ownership can be held in equal shares or unequal shares. If owned by individuals and one of those tenants dies, their interest would then pass to their heirs.  Also, as a tenant in common, you may typically freely transfer your percentage of ownership in the real estate.

The second main way of holding title to real estate with another is Joint Tenancy with Rights of Survivorship (JTWRS).  JTWRS is mostly seen between married couples or various family members. Like tenants in common, each party shares an undivided interest in the real estate. However, that interest share is equal and upon the death of one party their share transfers automatically to the surviving owner.   You can see why this is most typical between married couples.

Interest in Property

Marital interest also comes in to play when owning real estate in Kansas. The State of Kansas is what is known as a “One to Buy, Two to Sell” state. Even if a spouse is not named on a deed or other document transferring ownership, they still have what is called a marital interest. This comes in to play when selling or mortgaging a piece of property. Even if John is the only one in title, John and his wife, Jill, must both sign any deed transferring or mortgaging the property (with one small exception that is specific and too lengthy for this discussion. However, feel free to give me a ring and I will explain).

Another way to possess interest in a property is by way of an equitable interest. This is commonly seen in installment contracts. Typically, the buyer of the real estate under contract will not receive a deed until all of the payments are made.  Therefore, an Affidavit of Equitable Interest is filed. When an Affidavit of Equitable Interest is filed with the Register of Deeds it is a declaration that another party has interest in the property creating a cloud on the title. Party A still retains ownership of the property, but Party B has declared that they have equity in the real estate.

Finally, a Transfer on Death Deed is a statement of future ownership in property. This is often used in estate planning and can simplify things for loved ones after an owner has passed away. This type of ownership does not pass an interest in the real estate until the grantor on the deed has passed.  Additionally, this deed is fully revocable until the death of the grantor.

These are just a few of the different types of joint ownership of real estate and common ownership interest scenarios that you might encounter when buying or selling property. At Tallgrass Title, it’s our job to walk through these situations with you and ensure that our clients are transferring and receiving real estate with clean title. We’re happy to answer any question you may come across about the many kinds of ownership!