Tag: title

Closings with Karissa: Why Title Insurance?

I routinely hear the question: Is Title Insurance worth it?. My answer, is yes, it is quite important. You wouldn’t buy a house without homeowners’ insurance or buy a car without car insurance. I’m sure you have Health and Life insurance. If you are protected in other aspects of life, why would you not protect the title to your home as well?  and does not have liens attached? The best part is that title insurance is a one-time fee that is paid at closing and you never have to worry about it again. As long as you own the property it is protected. So it would be crazy not to do it!

Who thought up Title Insurance… and why?

Title Insurance used to be done by opinions given by Conveyancers prior to 1876 when Joshua Morris founded Real Estate Title Insurance Company of Philadelphia.  The purpose was to have land conveyances financially guaranteed instead of the old system of relying on opinion-based reporting without financial backing.  Now, instead of “trust me” the industry offered “if we are wrong, I will pay you.” Other companies in Chicago, Los Angeles, Minneapolis and New York followed shortly after and ALTA was created to assist in standardizing and unifying the Title Insurance industry.

What is ALTA?

In 1907 the American Land Title Association (ALTA) formed as the primary association of the Title Insurance industry. The association set the precedence for title insurance, they did not standardize title insurance policies nationally until 1929.

What can Title Insurance protect against?

Title insurance protects against hidden issues, liens and encumbrances that can be costly to the new homeowner. The following are examples of potential issues:

  • Lack of Access
  • Unpaid Mortgage
  • Seller claims to have ownership, but do they really?
  • Neighbors have an easement through the property
  • Previous owners deceased family member is buried on the property
  • Legal Judgment for previous owner that attached to the property

No one is exempt from uncleared title issues. Even Abraham Lincoln’s father lost his home to title defects when Abe was a little boy…Twice.

So, why title insurance?

No one wants to live with the fear of losing their home due to a claim by someone else or from a lien that could put their home in foreclosure. Especially if they the option to have an insurance policy that says they own their home and no one else has a claim to it. Title Insurance, while not required, is still very important.

Title Insurance can sometimes be overwhelming and appear confusing.  However, the Tallgrass Title team is here to assist with your title insurance questions, just give us a call!

 

Early Deed Packets = Smooth Closings!

We have a saying in our office: “early deed packets means smooth closings!” But why would a few signed documents mean closing would run smoother? The more information we receive ahead of closing allows our closing team to gather any additional information we may need well in advance.  An early and complete deed packet allows us to balance with your client’s lender and get final numbers out for buyers in cash transactions. That way, when the day of closing comes around finalizing the transaction is a smooth process, leaving more time for celebration and little to no concern about whether things will fall into place.

Deed Packets contain several documents that consolidate much of the information we will need prior to closing.  This includes a form that allows us to contact the Seller’s current mortgage holder to obtain a payoff. This is especially important right now with many mortgage companies experiencing staffing shortages with extended processing times.  Oftentimes, it can take up to 20 days to get payoffs returned to us.

Early deed packets also allow us to deliver early settlement statements to you and your clients.  This gives plenty time for review and provides a clear picture of what the closing day will look like on the financial end of the transaction.

Additionally, some expenses will not be clear to us until we have the deed packet returned, including information about Homeowners Associations.  Having information about a property’s HOA membership in advance allows us to ensure that prorations are applied appropriately at closing.

This early document package also contains important information about email fraud and wire fraud. We want to help protect your client’s money just as much as you do.  This information is available to all of our clients in order to inform them of the dangers of spam emails and the possibility of fraudsters intercepting wires. Likewise, we include information about how we protect our clients from theft with CertifID.  We use CertifID to send or verify wiring instructions prior to the day of closing.

We understand sometimes coordinating a deed packet signing can be an issue as schedules vary.  Your clients are more than welcome to come to either of our offices Monday through Friday during business hours and we would be happy to walk through the deed packet with them. Alternatively, we offer free courier service and would be happy to meet your clients at a convenient location in Manhattan, Wamego, Alma, and Westmoreland.

Should you have any questions about the contents of a deed packet, feel free to contact one of our real estate professionals to assist you through the process.  It’s our pleasure to assist you!

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!

 

What Day of the Week is the Best Day to Schedule Your Closing?

In today’s market with interest rates so low everyone is looking to buy. Why is it important to pick the right closing day? What are the best and worst days to close? For most clients, the bottom line is “When will my proceeds check be ready?” or “When may I move into my new house?”

Any day is the best day to close!  You are purchasing a home and are anxious to move in or are ready to close on the sale of your home and eager to use the proceeds for another transaction.  However, based upon the hectic housing market and record transactions taking place, certain days may just not be as convenient for all parties as others.

We will start with the best days to sign. From a title and lender standpoint the best days are Tuesday through Thursday with the exception of the 1st, 15th, or last day of the month. No one really wants to leave work early, come in late or take a day off in the middle of the week to go sign a bunch of papers, right? But those are the least busy days for a title office or lender which for the client means more flexibility on scheduling the appointment, more time available to go over specific questions about the transaction, and a more relaxed atmosphere.

So why are certain days less ideal than others? The short answer is that Fridays just seem to be a popular day for closings. We are also seeing an increased volume of closings on Mondays as well as the 1st, 15th, and last day of the month. While closing can still take place those days, scheduling will not be as flexible, and the appointment may be restricted to a certain time frame due to the high volume of other transactions.

Another consideration to make is that picking a Friday to close could actually result in further delaying your transaction if something doesn’t go as planned or a funding number is not received by the close of business. If a Friday closing has to be delayed for whatever reason, the earliest it can occur would be the following Monday or even Tuesday if the issue that caused the delay cannot be corrected in enough time for a Monday closing. If Friday is your only option for closing, consider closing in the morning to ensure funding can take place before the end of the business day.

So when will the checks be ready? Most lenders have requirements to be met before authorizing the title company to fund each transaction. This can take anywhere from a few minutes to several hours. Rest assured that as soon as funding is authorized, we will issue checks and notify all parties.

For updates on your transaction, we offer Ready2Close. This portal allows clients to track the progress of their closing with a milestone tracker. Clients can also securely transmit and receive documents, e-sign certain documents, and access contact information for those involved with their transaction.

Happy Closing Day!

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!

MHK Office

 

As most of you know, we recently opened an office in MHK. We had the opportunity to talk a little about our new adventure! Check out the video below!

 

 

HELOCs and Second Mortgages

When most consumers purchase a home, they obtain conventional financing for the purchase.  This often takes the form of a 30-year, fixed rate loan.  In order to secure the loan made to you, the bank files a mortgage with the register of deeds.  This document tells the world that the bank has a first-place lien against the house and if any other creditors file a lien, that lien will be inferior to the first-place loan.  Now, let’s say that the same homeowner would like to make improvements to their home, add a pool or build a garage and would like to borrow additional money to do so.  The homeowner may also want to borrow funds for reasons unrelated to the home such as consolidation of credit card debt, assisting a child with college tuition or a business venture.

So, rather than to refinance the entire home loan and file a new mortgage, etc, to account for the increase in the loan, a bank will often file a second mortgage.  This can also take the form of a home equity line of credit type mortgage (HELOC) which is also usually a second mortgage as well.  The difference is typically the bank will automatically release a second mortgage upon payoff.  With a HELOC, the bank will keep the mortgage filed and the note open to allow a consumer to re-advance funds as needed.  Only upon request of the homeowner will the bank release the mortgage upon payoff.  This saves the costs and expense of making a new loan every time a homeowner wants to borrow funds.

HELOC’s and second mortgages can be obtained with the bank that made the first purchase loan or with a different institution as selected by the homeowner. The bank handling the loan will usually order title insurance to insure that the mortgage is secured against all liens, besides the first place mortgage.  If a consumer with a second place mortgage or HELOC later decides to sell the real estate, the title company simply pays off the second mortgage the same as it pays the first at closing.  The only additional step is to request additional payoff information.  Of course, there are many different types of second mortgages and HELOC’s.  it is a good idea to discuss options with a finance professional.

Here at Tallgrass Title, we deal with second mortgages and HELOCs on a daily basis.  Should you have any questions during your purchase, sale or refinance, feel free to contact our title professionals.  We are here to help, its our job!

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!

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!