Tag: sale

Closings with Karissa: Settlement Statements

As we prepare to close a transaction, we create settlement statements, which are documents demonstrating all debits and credits associated with the transaction. The American Land Title Association (ALTA) has provided a standard template for these forms, so they are recognizable and readable, no matter which title company you close your next transaction with. Whether the transaction is cash or financed, our office will provide ALTA Settlement Statements to both the Buyer and Seller. The Buyer and Seller statements are unique to their respective side of the closing and can only be shared with the other party if we have express permission in writing.

Sellers

When reviewing the Seller Settlement Statement you will find the sales price, any applicable credits the Seller gave to the Buyer in the contract, a tax proration (either a credit or debit depending on the time of year and if Seller paid them prior to closing or not), title expenses that consist of closing fees and title insurance premiums owed to the title company, any commissions due to realtors, payoffs of current liens, and any invoices or repairs that the Seller has agreed to pay for.

Buyers

When reviewing the Buyer Settlement Statement you will find the sales price, any applicable loan amounts, any applicable Seller credits the Seller agreed to within the contract, a tax proration (either a credit or debit depending on the time of year and if Seller paid them prior to closing or not), loan closing charges determined by the lender, impounds for the Buyers new escrow account collected at closing by the lender, title expenses that consist of closing fees and title insurance premiums owed to the title company, recording fees to file the deed and mortgage of public record with the county register of deeds office, and fees for any inspections or additional work the Buyer has requested prior to closing.

Buyer Settlement Statements may also be referred to as Buyer Settlement Statements.

Bottom Line

Both the Buyer and Sellers statements will include an amount that is either due from or due to that party.  If an amount is due from, this represents the amount due to the title company to close the transaction. If an amount is due to, then you should expect a proceeds check following closing!

This Buyer/Borrower settlement statement reflects the amount the due from the borrower in order to finalize the transaction.
This Seller settlement statement reflects the proceeds the seller will receive after all seller costs are paid.

Signing

As part of “closing” Buyers and Sellers need to review and sign their respective ALTA settlement statements in order to acknowledge their acceptance of the breakdown of debits, credits, and bottom line.

Sellers are more than welcome to sign in our office, with their realtor, on their own or electronically.

Buyers of cash purchases can do the same as above but in the case of a loan will need to sign with the title company, lender or mobile notary.

Questions?

If you have questions about you or your client’s ALTA Settlement Statement, give us a call! We are here to help make this a positive experience.

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.

You’re Invited

Hello Manhattan! Please join us at the grand opening of the Manhattan office of Tallgrass Title. We are having a reception at our location in the Hartford Building on April 18 from 5 to 7 p.m. and we’d like for you to attend.

Local group, Solar’s Jazz Quartet will be delivering musical treats for your ears.  Amazing food will be provided by Blacksheep Catering and Jake will being offering specialty cocktails.

We’ve heard from many of our customers they’d like for us to open an office in Manhattan, and as your newest neighbors, we want to hear how we can best serve you. We are excited to see you at our event so that we may learn more about your needs as a real estate professional.

The event will be held at our new office located in the Hartford Building located at 210 N. 4th.

Come out and eat, drink and say hello!

The Secret is Out!

Please save the date! Tallgrass Title is opening a new office in Manhattan, and we’re hosting a bash at the Hartford Building on April 18 from 5 to 7 p.m. that we’d like for you to attend.

At Tallgrass Title we know how to throw a great party, so expect more than a typical grand opening. We are excited to meet you and learn more about your needs as a real estate professional.

We’ve heard from many of our customers they’d like for us to open an office in Manhattan, and as your newest neighbors, we want to hear how we can best serve you. In the coming days, look for updates and an invite containing details regarding food, cocktails and music.

The event will be held at our new office located in the Hartford Building located at 210 N. 4th.

We cannot wait to see you there!

Internet Safety Tips

In this technological age, it seems like everything is at your fingertips. Have business to conduct?  Pull out your smart phone and get it done.  Have a report that is due while you are out of town and do not have all of the information you need?  Find an internet café or public wifi, pull out your laptop computer and get to work.  With the help of Wikipedia, Google, and any number of search sites, all of the information you need is at your fingertips.  Great, right?  It can be, but while it is easier for people to access information, it is also easier for hackers and scammers to access people’s personal information like social security numbers, bank accounts, and other personal information.  Once they have that information, Tada!  You now have six new credit cards, your debit card has been used to buy a new car half-way across the world, and you managed to get a speeding ticket in some hole-in-the-wall town three states over!  Your identity was stolen!  Scary, right? How can you protect yourself and your clients from this type of threat?  Here are some tips for practicing public (and personal) internet safety:

  1. Never log into your email using public wifi. Get yourself a mifi device. A mifi device is a personal wifi that uses cellular broadband to make a wifi connection. Not super convenient, or free, but using a mifi device is much more secure. You can password protect it and it pulls from a private source. You can also typically use your smartphone as a personal hotspot.
  2. Change your passwords frequently. If a hacker gains access to your password, they may try to access your system or account more than once over a period of time. Changing your password reduces the risk that they will have frequent access. It also keeps things like a keystroke logger, which is surveillance technology used to record keystrokes, from obtaining your password through repeated logins.
  3. Never email any documents that have your client’s personal information. If you do email any documents that have that type of information, make sure it is password protected and encrypted.
  4. Stop and read an email before opening any attachments or following any links. If you do not have your email set up to preview a message before opening, modify your settings to allow it. A lot of attachments and links in fake emails from scammers and hackers have viruses and other little nasty surprises that can corrupt your system or open a backdoor for someone to get to the rest of your information.
  5. Do not use a free email service for your business email. Yes, they are convenient, and better yet, free. However, they have the barest minimum of security when it comes to allowing junk through.

Computers can be a convenient tool that can make our lives easier in many ways.  By following these 5 rules, they can continue to be the tools that they are intended to be. Here at Tallgrass Title we are committed to protecting all of our associates and clients. Let us know how we can help you protect yourself and your clients from scammers and hackers.

Deed Packet Pro Tips

So, what comes next after the signed contract has been delivered to the title company and the title commitment is complete? The Deed Packet!

The number one thing to remember is: EARLY SIGNATURES MEAN SMOOTHER CLOSINGS!

The sooner the completed deed packet is sent back to the title company, the easier it is to complete the pre-closing tasks. For example, the information release allows us to obtain the mortgage payoff quote. The deed and other documents to be recorded must be reviewed to ensure they will meet the county recording requirements.

The second thing to remember is: Let the title company know asap if the seller doesn’t live close by.

If the seller lives some distance away, they may need extra time to ship the completed documents back to us in time for closing.

Here is a breakdown of the most common documents in the Deed Packet:

The Deed. (No kidding, right?)

However, this is the most important document of the bunch. Please ensure that each party signs it in the presence of a notary. As we mentioned in a previous blog, it is also paramount to keep the same original formatting to ensure it is accepted for recording. And, it really makes our job easier if all of the documents are printed single-sided, not double-sided!

The Affidavit as to Debts, Liens and Indemnity.

This is a complicated title for a document that actually has a rather simple purpose. The purpose is for the seller to confirm that there are no other liens that can attach to the real estate. Each party will have to sign in the presence of a notary. However, the important thing to keep in mind are the checkboxes that usually appear on pages 2 and 3. Each of the statements that accompany the checkboxes should be read carefully before being marked off.

The Authorization for Release of Information.

All mortgage holders require that 3rd parties receive authorization from the mortgagors to receive any information from them. Without this document, we can’t prove how much money will be needed to get the mortgage released. It is also important for the seller to fill out the name of the lender, and the account number if they have it. This is because there are certain types of mortgages that don’t have to report to the county when they are sold. It could potentially delay closing if the title company doesn’t know who is actually holding the mortgage.

The 1099 Tax Information Sheet.

Yes, the title company must report most sales to the IRS. Besides the signature lines that are clearly visible at the bottom of the page, there is other information that is needed. Near the top of the page, please guide the seller to fill in their social security or tax ID number(s), their new/forwarding address, and their phone number. We have to mail out a copy of the actual 1099 form to each seller for the next tax year, so a valid mailing address is really, very helpful.

Here at Tallgrass Title, we also include Fraud Warnings to put people on their guard. This is very important to us, since fraud is becoming more common.

These are the documents that are included in most Deed Packets. There may be other documents specific to the transaction, but they usually don’t appear as often. Please feel free to reach out to us if you have any questions about any of the documents you see in the Deed Packet. We are always happy to help and will even send out a notary to meet with your sellers who are in the area!

New Year, No More Mortgage Registration Tax!

In Kansas in years past, mortgage registration tax was charged by the State of Kansas for the filing of a mortgage at the county register of deed’s office. This tax was based upon the size of the mortgage and had to be paid at the time of filing the mortgage.  In the last year of its existence, a residential mortgage in the amount of $100,000 would result in a tax in the amount of $50.00.  As you can see, this amount can quickly multiply on larger mortgages.  Additionally, a filing fee based upon the number of pages to be filed was charged along with the mortgage registration tax.  A standard, thirty-year mortgage typically results in a filing fee of anywhere from $100.00 to $350.00.  These fees will typically show up as financing charges or “closing costs” on a settlement statement.  In my experience, most individuals were not aware of the fees until they reviewed their closing statements.  It was usually a shock for buyers to learn that they had to pay a couple hundred dollars simply to file a document at the register of deeds.

A few years ago, several homeowner, realtor and homebuilding groups lobbied State Legislators for the repeal of the mortgage registration tax. Their efforts were successful, and the tax was phased out over a few years until now.  Beginning on January 1, 2019, mortgage registration tax is no longer charged in Kansas.  This means immediate savings for homebuyers and homeowners that are refinancing their existing loans.  Additionally, the filing fees charged at the register of deeds will not increase in 2019.  Again, this is helpful to the Kansas home buyer and homeowner.  Should you have any questions regarding the repeal of the mortgage registration tax or the current filing fees, feel free to contact Tallgrass Title.

Tips for Recording and Filing Documents

We realize that many of you will probably not have to take a document to the county Register of Deeds Office. However, it is still helpful to know a little bit about the requirements. It makes filling out and completing the deed packet and other documents necessary for closing much easier.

Tip 1:

This first thing to keep in mind is: Only documents with original signatures can be recorded. As of 2019, the Register of Deeds will not accept documents that have been signed electronically. What that means, is that each deed, mortgage, and affidavit must be signed in person in front of a notary. The original documents must be sent back to the title company for closing. (Remember, if you can’t drop it off to us, we will come to you!)

Tip 2:

Don’t change the formatting of a deed or other notarized document. Let’s face it, technology is complicated. Your computer or printer might try to change the margins, font, font size, or spacing. Why is that a big deal?

It is the duty of the Register of Deeds to keep the real estate records legible and clear. In order to do this, there are strict guidelines to help make that happen. One of the rules is the size of the font. If the wording is too small, the documents can’t be scanned correctly into the archives. There are also rules in place about document margins. There needs to be plenty of space at the top for the filing information, as well as enough space on the sides so no information will be cut off. If your printer likes to cut off the top or bottom of a legal-sized document, you run the risk of losing important information. For example, part of a legal description or a signature line could be left out.

Also, it is very important to print the documents single-sided, not double-sided.

Tip 3:

When will the recorded original deed be given back to the buyers after closing? This is a question we get asked on a regular basis. The answer? Usually within 30-60 days following a closing, we send out the recorded original documents with the Title Insurance Policy. Unfortunately, we cannot just pull out a magic number that fits all cases. This is because we have to wait until the commitment requirements have been met. For example, some banks take a bit more time than others to file mortgage releases. Rest assured though, that we will work to send out the policy and documents just as soon as we possibly can.

Here at Tallgrass Title it is our goal to help you successfully complete your real estate transaction as smoothly as possible. Reach out to us to let us know how we can help you make it happen!

Easement Basics

Easements to real estate are simply an interest in some other person’s land for the limited purpose identified in the easement. In plain language, it is the right of another person to use your land for some limited purpose.  Easements can be exclusive; meaning that the use is restricted to a certain person or persons.  Easements can also be limited to a certain amount of time or can be perpetual and “run with the land.” As there are countless different variations of easements, it is impossible to explain all the law surrounding easements.  The purpose of this post is to point out two of the most common types of easements and give a brief overview of common issues.

Some of the most common forms of easements are travel easements and utility easements. A travel easement is the right for another individual to cross real estate not owned by them.  Usually this is for the purpose of accessing their own real estate.  Commonly, a travel easement (otherwise known as “ingress-egress” easement) is granted to a homeowner who owns real estate that is only accessible by crossing another person’s land.  With agricultural real estate, a travel easement is typically given to a farmer so that they may access their field or pasture as there is no direct access from a road.  Most of these types of travel easements are perpetual or “run with the land.”  This means that if the owner of the easement sells their real estate that is accessed by the easement, the new owner will have the right to continue to use the easement.  When representing buyers of real estate, if there is not apparent direct access from a government roadway, it is wise to inquire as to whether there is a travel easement and whether it transfers to your buyers.  Nobody wants to purchase real estate only to find out they cannot access it!

The other major type of easement is a utility easement. Based upon reading the first portion of this post, it should come as no surprise that a utility easement is simply the right to cross another person’s real estate with utilities.  These types of easements range from a small water line running to a house all the way to high voltage transmission lines.  The most important thing to take into consideration with utility easements is whether the easement will affect the planned use of a potential buyer.  Utility easements commonly do not allow a person to build any structure over or under an easement.  For example, if a Buyer had plans to build a garage, the location of an easement could affect these plans.

An easy way to determine whether there are easements on real estate being purchased or sold is to review the title commitment. This report should list all easements that are affecting the real estate being transferred.  The easements will be listed under the “exceptions” section or following the legal description.  Often the commitment will only list the existence of the easement and not specify the details.  At Tallgrass Title, we happily supply the underlying document listed in our commitments upon request.  That’s our job!