Tag: mortgage

Five Common Misconceptions about Title Insurance

When it comes to purchasing a new home, you are making a long-term commitment with your money and your time. One oversight when purchasing is the consideration of the history of the home.  I do not mean the structural integrity of the home rather, the history of the legal title to the home. We are talking about the history of ownership of the land and the structure located on it. Title Insurance is a way of giving you peace of mind that you have full ownership of what you have just purchased, and that no monetary claims will arise from an individual or a business entity in the future. If that were to ever be the case, Tallgrass Title would have your back!

When it comes to Title Insurance, there are some pretty common misconceptions that might deter a buyer away from deeming it necessary. We want to help you navigate some of those misconceptions in order to make sure you are aware and get the coverage that you need.

If the Lender orders Title Insurance, the Buyer does not need to.

In most real estate transactions, the Lender involved will require Title Insurance. As discussed, Title Insurance protects from future claims of lack of ownership, liens, undisclosed heirship issues, ordinances, lack of right of access, etc. However, the insurance that the Lender requires only protects the Lender, not you as a Buyer.  Two separate insurance policies exist that Title Companies offer: a Lender’s Policy and an Owner’s Policy. Often, a Lender will require the Buyer to purchase an Owner’s Policy.  Most title companies offer a significant discount the the issue of simultaneous Lender’s and Owner’s Policies.

If I have Homeowner’s Insurance, then I do not need Title Insurance.

As previously mentioned, Homeowner’s Insurance only protects your home from damage caused by hail, fire and wind. Title Insurance protects your ownership and against aforementioned claims.

I have built a brand new home; therefore, I do not have to worry about ownership issues.

Although it is true that you are the very first owner of a home, the land that your home sits on has long been in existence and has had many previous owners. Title Insurance not only protects your house, but it also protects the land that your home is settled on!

Title Insurance is transferable from one owner to another.

While the idea that one owner can transfer Insurance to another does seem plausible, Title Insurance only covers specific owners of the specific property for their specific transaction for the duration of ownership. This coverage will end upon the transfer of the real estate, so each new owner needs to make sure they are protected.

Title Insurance is expensive.

When considering the amount of money being invested in your home, an Owner’s Title Insurance policy has very minimal cost, and unlike a Homeowner’s Insurance policy, Title Insurance is a one-time payment that protects you the entire duration of your ownership. Further, Kansas has some of the lowest title insurance rates in the nation.

Not only does Title Insurance protect you, but your Title Company will also be there to help you navigate through the milieu of Real Estate and give you the assurance you need while owning your home!  We are also here to answer your specific questions regarding what is covered.  This can at times seem daunting, but our trained professionals are here to assist in these regards.  That’s our job!

 

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!

What Do Lower Interest Rates Mean to a Realtor?

Those in the real estate industry are well aware of the fact that interest rates for loans have been lowered by the Federal Reserve over the last couple of months.  This reduction in turn lowers the interest rate paid by a borrower for a loan with their bank.  Lower interest rates have caused a large increase in loan “refinancing.”  Refinancing simply means replacing your existing home loan or commercial loan with a new loan at a lower interest rate to save financing costs or to increase the amount borrowed without affecting monthly payments.  For example, if a consumer borrows $200,000 at 4.0% interest with a 30-year term, their monthly payment would be $955.  That same loan at 3% interest would result in a monthly payment of $843.  The benefit is clear:  under this scenario, a consumer would be paying $100 less per month for the same borrowed amount.  Who wouldn’t want to save a $100 a month on their monthly payment?!!

So, people are refinancing their home loans and other commercial loans.  But how does that affect a Realtor?

As a buyer’s agent, you are well aware of your client’s “buying power.”  Meaning: what can your buyer afford?  At the end of the day, what your buyer can afford translates to “what payment can they afford.”  With lower interest rates, principal goes farther and a buyer can afford payments on a larger mortgage and ultimately the buying power of a buyer increases. Therefore, what houses you are showing a client could change.  Even more important is if you have a Buyer that was pre-approved several months ago and has not yet found a home to purchase, it would be wise to have the buyer update their pre-approval.

As a seller’s agent, you are often tasked with consulting with your client on how to reach a listing price for real estate.  Through comparable sales, inventory and available potential buyers, a list price is reached.  As discussed above, due to lowered interest rates, the buying power of potential purchasers has increased.  Based upon the increased buying power, there could be a larger pool of potential buyers for your list property.  Therefore, the list price may be increased if supply does not support the potentially higher demand created by the larger pool of buyers.  It’s basic economics.  However, the interest rates decrease is certainly important to evaluate when consulting on establishing new list prices.

Of course, this post is not encouraging agents to encourage buyers to purchase to the maximum amount of their financing ability or to encourage the increase on listing prices of property.  Each transaction will require the expertise and market knowledge of a Realtor to make those determinations.  Rather, this post is meant to spur the discussion of market impacts due to lower interest rates, especially in the Riley, Geary, Pottawatomie and Wabaunsee County markets.  Our team at Tallgrass Title understands the market impacts caused by interest rate changes and have recently seen a significant increase in refinance title insurance orders.  We are happy to discuss these changes and how they affect your clients.  It’s our job!