Tag: covid-19

Defining Deed Packets

Getting Deed Packets signed early is an essential part of the closing process. It helps your Closer calculate certain fees, pull payoffs if there are any, and makes it possible to verify information for post-closing tasks well in advance

There are quite a few documents in every deed packet and it might be difficult to remember what they all mean if your client asks, so today I will walk through our Deed Packets and what each document is used for.  As always, our team remains available to answer questions that you or your client might have about completing these documents. So don’t hesitate to give us a call!

Fraud Warning Fact Sheet

We use this form to make our clients aware of wire fraud and our partnership with CertifID to ensure that all wire instructions are verified and insured when the funds leave our office via wire transfer. Each statement will need to be read and initialed and then signed at the bottom.

Authorization for Release of Information (Payoff Requests)

This form allows us to request payoffs for existing mortgages in order to clear them at closing. The more information provided, the easier it is for the closing agent to obtain the payoff. Along with the signature line is a place to include the Sellers SSN and the date they signed the release.

1099 Tax Information Sheet

The top portion of this form will need to be filled out completely with the Seller’s Address, Phone number, and SSN or EIN. This will help us send out accurate 1099s the following January.

Proceeds Instruction Sheet

These are instructions for us to disburse the proceeds and how to get them to the Seller in the transaction. Once a selection has been made from the list we will need the form signed and returned with the rest of the packet. These instructions can always be changed by signing a new form with new instructions.

Authorization to Pay Commission

If there is a realtor, this one allows us to get the realtor paid at closing in the accurate commission amount as designated by the Agreement. It will need to be filled out whether there is a commission percentage or flat fee. If there is a Seller Realtor Admin fee, there is a place to include that as well and then it will be signed by both Seller and Listing Agent.

Homeowners Information Sheet

Not all packets will include this form. If the real estate is not located in a subdivision or we know that there are no HOAs in a certain subdivision, we will not include this. If it is in the packet, we will need to know if there are HOAs. If there are not, the “No” box will be checked and you can move to the next form. If there are HOAs then the “Yes” box will be checked; please complete as much of the HOA contact information as possible.

Authorization for Release of Information to Designated Realtor

This form will not change how we treat the transaction. Sellers have the option to direct us not to share their private information with the Buyers Realtor. If the top box is checked, directing us not to share information with anyone other than their realtor or lender, then we cannot and will not share a settlement statement with anyone, even those involved in the transaction, other than their realtor and lender.

NOTE: To prove commissions have been applied appropriately we can send a heavily redacted version of the ALTA settlement statement that only shows commission amounts and the Sellers signatures.

Covid-19 Notice of Possible Delays

This one is a notice that lets everyone know that there could be delays related to Covid-19 with getting documents recorded, back from recording and getting final policies issued.

Notary Instruction, Identification Verification and Notary Information and Certification

When documents are notarized, our office needs proof that the notary checked the identification of the signor and that the notary is in good standing with the state in which they are bonded in. It will also help in the event that we need to contact the notary if we have any questions regarding the notary’s information.

Affidavit as to Debts, Liens and Indemnity

This affidavit is a statement made by the seller that there are no liens or potential liens, or that no one holds an interest in the real estate that we would need to clear up prior to closing. This will need to be signed in front of a notary.

Limited Power of Attorney

We include a Limited Power of Attorney in all of our packets for Sellers to utilize. If signed it allows the realtor to sign settlement statements and any Buyer loan docs on behalf of the Seller. It is not required and is solely at the option of the Seller to sign.

Deed

The Deed varies as much as the transaction itself as to what kind of Deed is used to transfer the real estate. This will need to be signed by everyone who holds an interest in the real estate to complete a free and clear transfer. We hold the deed in our office until the transaction is closed and funds have been disbursed. At that time we record the deed with the county register of deeds to complete the transfer. The original will be sent to the buyer with the final loan policy.

In addition to the above, other documents may appear in a deed packet on a case by case basis.

Affidavit of Non-Production – Used to clear existing expired oil and gas liens.

Affidavit of Child Support or Spousal Maintenance – Used to clear divorce/child support cases.

Certificate of Trust – Used to prove the trustee signing has authority to sign.

Corporate Resolution – Used to prove the signor of a company has authority to sign on behalf of the company.

Affidavit of Death – Takes the place of a death certificate to clear title.

The earlier in the process we can get these documents signed and back to our office, the smoother we can make the whole closing process. Everyone in our office is a notary and we are more than happy to meet with clients to get Deed Packets signed.

We do offer a free courier service and can send someone to you to get everything signed if you just can’t get away. Just call our office and set an appointment for a time that works best for you.

Electronic Signatures – are they secure?

In our current moment of social distancing and increased dependence on technology, many will question what is better:  wet ink signatures or electronic signatures. Some may debate that putting a pen to paper and scrawling their signature is a fool proof and tamper proof way to sign a legal document. You may be surprised to hear that electronic signatures through a program designed for just that, signing electronically, are more secure and oftentimes a better way to put your official seal on a document.

How can that be?

You receive an email asking for a signature on a document. You click accept, click to sign, select your signature, then complete the process. How in the world could that be more secure than a wet ink signature?

The programs designed for electronic signings are designed to pull multiple factors of authentication to prove that you are in fact the signer of the document. The records are retained and track the history of actions taken with the document, for example, who opened, viewed, signed and the location each action took place. When the document is completed a certificate of completion is attached to the document showing that all have signed with a time stamp, IP address and any other pertinent information to identify the signer. A digital seal is also attached to that document.

Signing in person is secure as well, however there are not multiple factors of authentication to prove that the signer did sign the document. There is no electronic witness proving the identity, location, or other identifiers provided by e-signing programs, that the signature was put on the paper by the authentic signer.

Both are secure, accepted ways of signing documents in the real estate world. For those who are less electronically inclined, wet ink signatures may be the way to go. For the more tech savvy folks among us, you may prefer clicking a button or using your smart phone to sign documents on the go. Whether you prepare in-person or electronic signings, we are here to help you through the process with helpful tools and friendly staff available to answer questions.

Inheriting Property (and Inheriting Liens?)

When individuals pass away, their assets are left to their heirs (next of kin) or individuals listed in a will, trust, etc.  These assets will oftentimes include real estate.  Sometimes, this real estate has liens against it.  When it does, the recipient of the property might ask: “Am I responsible for these liens or the debts of the person that passed?”  The lawyer answer is “yes and no”.

Typically, surviving individuals are not liable for sole debts of a passing individual (certain exceptions exist for a surviving spouse regarding specific expenses incurred by a passing spouse but we won’t muddy the water with this one today).  So, if your aunt passes and you are her sole surviving heir and she has insufficient assets to pay the bill, you are not responsible for it.  However, if you are her sole surviving heir and she has assets sufficient to pay the bill, then it is typically paid out of the estate and the difference is paid to you.

On the other hand, liens on real estate are different and follow the real estate. So, if an individual has borrowed money to purchase a house and the bank has taken a mortgage (lien) and the property is transferred, that mortgage follows the house.  So, if your passing aunt also left you a house with a mortgage you will own that house subject to the mortgage.  If your aunt did not also leave specific funds to satisfy the mortgage, you will either need to pay the debt associated with the mortgage or the bank will take the house from you, sell it, satisfy the debt and pay you any difference.  This process of a bank taking real estate to satisfy its debts is known as a “foreclosure.”  The process is time consuming and costly and interest will most typically continue to accrue during the interim.  These additional costs will be collected from proceeds from the sale of the house.  Conversely, you may also sell the house yourself and pay the underlying debt and most often save substantial equity in the real estate that would have been wasted in a foreclosure.

Again, an individual is not typically liable for the sole debts of a decedent (mostly, as stated above) but may choose to pay the debts of a decedent in order to protect equity in property received from a passing individual.  One of our roles at Tallgrass Title is to find and potentially clear liens on real estate being inherited.  This process can often be confusing. Our title professionals are available to answer questions during this process.  It’s our job!

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.

Combating Current Trends in Wire Fraud

By now most of you are probably familiar with the idea of scammers trying to steal buyers’ purchase funds. Since that amount is usually several thousands of dollars it makes sense that thieves would be interested in it. It ends up being a decent-sized reward for very little effort and risk.

Recently, we were made aware of a different twist in the wire fraud trend. Lately, title companies have started seeing scammers go after earnest money deposits. Even though the amount is relatively small, multiple thefts can add up to a nice paycheck.

How do they do it? A scammer hacks into a realtor’s or a closing agent’s email and waits. Pretty soon he (or she) starts seeing messages about a sale transaction. He emails the buyer posing as the realtor or title agent with wire instructions for their earnest deposit. The contract is signed and the buyer follows the scammer’s instructions not knowing he has been scammed. Eventually someone notices that the earnest money never was deposited, but it is usually too late to stop the funds from going to the wrong place. Unfortunately, the amount is so small that it might be virtually untraceable as well.

Here are a couple of ways to help reduce the risk of it happening to your clients:

Educate your clients! As soon as a potential client contacts you, begin arming them with the tools they can use to protect themselves. Sure, you don’t want to freak anybody out, but go ahead and warn them about the potential risk and what you will do to help keep them safe. Have them read and sign wire fraud information sheets as they sign their initial offer. Explain to them that you will NEVER, EVER email them about wire information. Go ahead and give your clients the confirmed contact information of the title company they will be using so they can confirm any wire information being sent to them.

Make sure your email is secure. Do not use a free email service. No matter how annoying it is to do it, change your password often! Send all documents relating to a transaction securely. If you think about it, a contract has names, money amounts, closing date, and contact info for some of the parties. It’s a goldmine of information for any scammer who may have managed to hack into your email. So send those documents through secure portals to keep everybody safe.

Help keep funds secure. Encourage your clients to use the secure programs offered by title companies, including CertifID for wire instructions and Earnnest for digital funds transfers.

The bottom line is we must respect every transfer of funds and work to protect those funds. If we don’t try to do anything about wire fraud, or think that it only happens to someone else, we are letting criminals have their way. A small action on our part could spike a scammers gun.

Closings Continue at Tallgrass Title

At Tallgrass Title, we understand that real estate transactions must continue during the COVID -19 pandemic.  Real estate sales and transactions cannot simply stop because of this serious health scare.  Many contracts for the sale of real estate were signed prior to the global outbreak.  It is doubtful that the contract was contingent on a global pandemic.  Additionally, numerous folks began the refinance process for their home loans.  Without closing within a specified time, loan locks are in danger of expiring.  Therefore, closings continue to take place but with new added precautions and measures to support social distancing and prevent the further spread of the virus.  At the same time, many of these measures have been in place at Tallgrass Title for several years.  The purpose of this post is to share these measures with our customers and how they’re convenient and will save the parties time, pandemic or no pandemic.

  1. Early deed packets mean smooth closings. Having the Seller sign deed packets ahead of closing allows for the Seller to be absent from the closing.  The Sellers can sign their packet in front of a notary at their convenience and simply drop the packet in the drop box at either one of our locations.  The only in-person interaction that a Seller must currently have with another person is signing the deed packet.  However, notaries (as well as TGT staff) are providing ways to prevent spreading the virus further.  We are also offering several different options to assist in social distancing loan closings.  Ask one of our closing agents for options!
  2. Use of electronic signatures. With the growing use of online services, wet-ink signatures are simply not needed for most documents.  Several programs like HelloSign, DocuSign and Dotloop allow for a person to sign from their phone or computer.  Therefore, there is no need to meet face-to-face with a person to execute closing paperwork.  At Tallgrass Title, we routinely offer parties the option to sign settlement statements electronically.
  3. Use of Earnnest for delivery of earnest money. Earnnest is a program much like Venmo, Cash App or PayPal that allows for the instantaneous transfer of earnest money.  Therefore, there is no need for the physical delivery of earnest money to our office.
  4. Wiring of proceeds or delivery to bank. Tallgrass Title offers free wiring of real estate agents’ commission checks. We also offer to wire Seller’s proceeds from their transactions.  Additionally, our free courier service will deliver proceeds or commission checks to any local bank free of charge.  This means that there is no need to pick up a paper check at our office.  Ask your closing agent for details.

Our goal is to make your transaction as smooth and convenient as possible.  This includes in times of uncertainty.  As stated, most of these techniques and measures have been in place before the COVID-19 pandemic so our team is well acquainted and comfortable with their use.  Should you have any questions, our real estate professionals are happy to help. It’s our job!

Accessing Paperless Closer after Closing

With the increased social distancing brought about by the containment of the COVID-19 virus, Tallgrass Title is presenting several solutions for electronic closings.  This week, our closing agent Karissa is presenting how to access Paperless Closer following closing to retrieve any closing documents needed.

Congratulations! Your transaction has closed and managing the final signed docs does not have to be a nightmare. When closing remotely, your biggest concern should not be “how do I get a signed copy?” We can help with that!

All documents that enter our office are uploaded to Paperless Closer and made available online to only the parties who should have access. For example a Buyer’s Realtor will only have access to Buyer specific documents and a Seller’s Realtor will only have access to Seller specific documents. All parties will have access to documents that are not party specific.

Once the transaction is closed we will mark it as such, which in turn clears it out of the Open files list in your Paperless Closer. But don’t worry, you will still have access to all closed, old, and even cancelled orders.

To search files that are not currently open, log into Paperless Closer. In the Lobby, change the Status from Open to the status of your file: i.e. all, canceled, or closed

 

 

 

This will refresh the list of files you can access.

But what if I can’t find the document I need in the list?

The default in the Documents Tab allows you to view ten documents at one time. As seen in the example below, the Displaying items shows 1-10 of 26; you can switch pages using the arrows to the left or clicking on the page number you want.Once you find the document you are looking for in the list of Descriptions click on the button to open in a PDF to print or save.

Our Team here at Tallgrass Title is ready to help keep you organized. Let us keep track of the paperwork so you can focus on helping your clients make their dreams come true.

A message from Tallgrass Title re: COVID-19

Dear clients and friends,

Currently, there is uncertainty regarding how best to deal with the COVID-19/Coronavirus. We at Tallgrass Title recognize that people are utilizing social distancing techniques to protect their health and the health of others. We also recognize that some folks must continue to transact business or are contractually obligated to close their deal. In order to support both goals, we are happy to assist in the following ways:

  1. Free courier service for pickup and drop off. This includes picking up documents from your home.
  2. Electronic submission of contracts and most closing documents.
  3. Delivery of earnest money using the Earnnest web app. https://earnnest.com/
  4. Free wiring of proceeds and commission checks during the COVID-19 outbreak.

Tallgrass Title wants to ensure that you can close your important real estate transactions during these uncertain times and we are here to help! As this situation continues to develop, we acknowledge the need for increased flexibility for all parties. Please be in communication with our office on the best procedures for any upcoming closings. If you or your clients are under the weather or fearful of any contact whatsoever, we are happy to work with you in rescheduling closings as needs arise. By working together, we can keep all parties as safe as possible. Please do not hesitate to contact our offices with any questions or requests you may have.

 

– The Tallgrass Title Squad