What Factors Can Stall the Closing Process?

Perhaps nothing equates to the excitement of moving into a new house, whether it is your very first abode or your dream home. If you are in the process of purchasing a home, you are likely counting the minutes until your closing day. On average, the real estate settlement process takes about 45 – 60 days, barring any snags on the path to closing. To gain a realistic expectation of the time it takes to go from contract to close, it is prudent to be aware of factors that could potentially stall the closing process. Read on to learn about possible closing hiccups of which to be aware.

Title Defects

Title defects are issues that have the potential to delay closing proceedings. There are a range of title defects, or glitches in the proper transfer of property from one party to the next, which can most certainly slow the process. Your title agent will run a thorough title search on the property to screen for and identify any concerns that may interfere with this ownership transfer and work to resolve any issues as quickly as possible. Some of the most common title defects include:

– Unpaid taxes

– Liens or judgments

– Unknown heirs

– Boundary disputes

– Recording errors

– Improperly probated wills

– Unknown encumbrances/easements

Communication Roadblocks

Maintaining open lines of communication and transparency throughout the entire settlement process is imperative for all parties involved and to the common goal of keeping the closing process on track. Communicating with the appropriate person as quickly as possible to address any concerns is essential. Responding to information requests or other needs can help streamline the proceedings and work toward meeting that target closing date.

Appraisal Delays

Any repairs that are inadvertently undervalued or overlooked by home appraisers may need to be satisfied prior to closing on the loan, as enforced by the lender. Some of these issues may include cracks or leaks in the roof, interior or exterior painting needs, or problems with the HVAC unit.

Incomplete Paperwork

Missing, incomplete, or delayed paperwork will slow the funding of the loan – and ultimately the real estate settlement process. Such necessary documents may include home inspection verification, homeowner’s insurance, and other loan approval information and paperwork.

How You Can Help

As a potential homeowner, you may be wondering what you can do to facilitate the closing process and help to zero-in on that targeted settlement date. Apart from submitting all information/documentation requested by your lender as quickly and thoroughly as possible, it is important to remain in close contact with your real estate agent and title agent. These professionals can help you navigate the process and keep you apprised of any snags that may require your attention. Be sure to review your Closing Disclosure (CD) form in detail upon receipt, which should be remitted to you no later than three business days before your closing date. Any questions or discrepancies concerning this essential document should be addressed prior to the day of settlement. By remaining abreast of the settlement procedure, you can help to foster an efficient, smooth closing process.

Do you have other questions about the closing process? Reach out to the Linear Title & Escrow team today!

Is Title Insurance Necessary?

Real estate is a major financial commitment for most Americans and one of the most valuable assets to own. To protect such an investment, many homebuyers opt to purchase title insurance, which helps safeguard against financial loss in the event title defects surface after closing. While lenders generally require homebuyers to purchase a “lender’s” title insurance policy, “owner’s” title insurance is entirely optional – but highly recommended. Here’s why.

Clouds on Title

Title defects, also referred to as “clouds on title,” are obstacles preventing the proper and full transfer of ownership from one person to another, giving one or more parties some sort of claim, rights of use, or value of possession in a property. There is a wide array of title defects that can exist, but some of those most common include unreleased deeds of trust, clerical or recording errors, improperly probated wills, and judgments or liens. Any type of title defect, no matter how seemingly minor, can stall the closing process and interfere with a real estate sale.

Lender’s vs. Owner’s Title Insurance

Mortgage lenders almost always require homebuyers to purchase a lender’s title insurance policy, which protects the financial institution against loss that may arise from the discovery of title defects after closing or if the mortgage becomes unenforceable for any reason.

Though owner’s title insurance is not mandated, it is generally recommended for the majority of homeowners. An owner’s policy can cover legal costs should it become necessary for a homeowner to defend their property rights in court. It can also remunerate the policy holder if they lose the property to another party over such enforceable property rights. As a one-time payment, an owner’s policy is purchased at the time of sale and covers the homeowner for as long the property remains in their possession. Owner’s title insurance policies are typically valued at the original purchase price.

Get the answers to your title insurance questions today! Contact our experienced team at Linear Title & Escrow to learn more.

What You Need to Know About Closing on a Refinance

With interest rates still among the lowest in recent years, refinancing your home loan may be something you wish to consider. Refinancing a mortgage can be beneficial in a number of scenarios, from reducing interest rates and monthly payments to replacing one type of mortgage product with another that better serves your needs. Some homeowners even refinance to cash out a portion of the equity accrued in their properties.

If you have never refinanced a home loan before, you may be wondering if and how the closing process differs from the initial sale. Read on to learn what you need to know when preparing to close on your refinance loan.

Refinance vs. Initial Sale Closing: What Is the Difference?

Some people are surprised to learn that refinancing an existing mortgage still requires the formal process of a settlement, or closing. While there are a number of general similarities between closing on an initial sale and a refinance, the process of refinancing differs in a few ways:

• Time: Though the same number of steps must be taken during the loan approval process, the time from application-to-close is slightly faster with a refinance loan when compared to the initial sale. On average, the timeframe is between 30 – 45 days.

• Closing Costs: While you will still be responsible for closing costs when refinancing your mortgage, the overall percentage may be less than what you paid during your initial purchase. Refinance loans generally carry no fixed costs.

• Title Insurance: If an Owner’s Title Insurance policy was purchased at time of sale, then a re-issue rate is given on the Lender’s Title Insurance policy for the refinance loan.

What to Bring to the Closing Table

Closing day is generally the same, whether you are purchasing a home or refinancing an existing loan. The items you will need to bring to your refinance closing include:

  • Government-issued identification
  • Certified check (in the exact amount due)
  • Proof of homeowner’s insurance

Have other questions about closing on your refinance loan? Get in touch with the team at Linear Title & Escrow today!

What Occurs When a Title Defect Is Found?

In real estate, a title defect (also referred to a “cloud on title”) is an issue interfering with the proper transfer of property ownership from the seller(s) to the buyer(s). During the settlement process, the title agent or closing attorney will conduct a thorough title search, reviewing the history of the deed through public records to determine if any other parties have any ownership stake in the property.

What Is a Title Search?

A title search also seeks to reveal if any liens or other claims against the piece of real estate are in effect. The overarching purpose of a title search is to identify such concerns and allow for the resolution of title defects, which is necessary loan settlement can occur.

Common Title Defects

Title defects may involve a wide range of encumbrances. Some of the most common defects include errors or omissions on public records, improperly probated wills, unidentified heirs, mechanic’s liens, tax liens, unpaid mortgages, and unknown easements, among others.

Title Resolution

When title defects are discovered, the title agent initiates a remediation process to resolve the defect and render the title clear and free. While some types of clouds on title are corrected quickly (such as errors in public records), others may require more research, time, and even court proceedings to rectify.

The type of defect dictates the course of action taken to resolve the issue. In many cases, however, title problems are amended via the recording of a supportive or corrective document that supplies the accurate information and releases the encumbrance. (A quit claim deed is one such type of document.) Title defects that surface in the form of liens, judgments, or defaults on mortgages must be paid and receipt of payment must be submitted and recorded.

Protect Your Interests With Title Insurance

Though titles agents work diligently to conduct a thorough title search, there may be unidentified or unforeseen defects that surface after closing. The best way for homebuyers to protect their financial interests and prevent the loss or real property is through an Owner’s Title Insurance policy. This indemnity policy remunerates the homeowner in the event that a title defect arises and they subsequently lose their interest in the property. It can also cover the costs of defending their ownership stake in a court of law.

For all of your title needs, questions, and concerns, contact the knowledgeable team at Linear Title and Escrow today.

Top Questions About Title Insurance

As you go through the process of closing on a home, you’re likely to hear the term “title insurance” as some point throughout the proceedings. This officious-sounding phrase may be recognizable or completely unfamiliar, depending on whether you’re a seasoned pro or first-time home buyer. While a straight-forward concept in most regards, there is (at times) some confusion about what title insurance actually is and whether it’s truly necessary. To help make sense of it all, we’ve compiled a list of the title insurance questions we’re asked most often.

What, Exactly, Is Title Insurance?

Before we get into specific questions about title insurance, let’s first review what title insurance actually is. Title insurance is a type of indemnity policy that protects a participating party against financial losses associated with a specific piece of real estate in the event a title problem arises following the settlement process.

What is the difference between lender’s title insurance and owner’s title insurance?

A lender’s policy safeguards the financial interests of the institution supplying the mortgage should the loan become unenforceable due to title problems that interfere with the proper transfer of ownership. An owner’s policy protects the home buyer against financial loss surrounding their property should title defects surface after closing.

Is title insurance mandatory?

Most lenders do require that home buyers purchase a lender’s title policy. Owner’s title insurance is not mandatory, but is highly recommended for most people who purchase real estate.

How can owner’s title insurance protect my interests?

Having an owner’s title insurance policy in place can cover legal costs for defending title as well as remunerate the homeowner should another party be successful at proving a sound ownership stake in the property for which the policy covers.

What can I expect to pay for title insurance?

Both lender’s and owner’s title insurance is paid in a single payment submitted during the home closing process. The cost of these policies is based on the loan amount and sales price for a new purchase and the loan amount for a mortgage refinance.

What will an owner’s title insurance policy cover?

Depending on the policy type (standard vs. enhanced), owner’s title insurance may cover court costs associated with defending the homeowner’s interests and financial loss due to a range of title defects, such as fraud, recording errors, and improperly executed wills, among others.

Do I need a new policy if I refinance?

Both a lender’s and an owner’s policy will remain in effect until the homeowner or their heirs sell or transfer ownership of the property to another party. If the loan is refinanced, the lender will require the purchase of a new Lender’s policy; however, a re-issue rate will be given. The original owner’s policy will still be applicable following the refinancing of a home loan.

Learn more about this topic by visiting our title insurance page or contacting our knowledge team at Linear Title & Escrow today!

7 Things You Should Know About the Closing Process

Are you getting ready to close on your new home? Preparing for the real estate settlement process is an exciting endeavor. But it is essential that you understand what is involved in getting your contract to close, especially to help facilitate the process for streamlined success. We work as a third-party facilitator to close home loans each and every day. To help you best prepare for this process, we have listed the top seven things you should know about the real estate closing procedure.

  1. Understand the closing timeframe. From contract to close, it takes about 30 to 45 days for the real estate settlement process to be complete. During this period, your loan goes through approval and funding activities, which takes up the bulk of this timeframe.
  2. Expedite information submission. Your lender will request very specific information and will use this documentation during the loan approval process. To keep your closing date within sight, be sure to submit any information requested as thoroughly and quickly as possible. Insufficient documentation submission can cause a lag in the timeframe between contract submission and the closing date.
  3. Factors that may stall the proceedings. In some cases, the closing process may be delayed due to unforeseen circumstances, such as title problems surrounding the proper transfer of ownership. Title defects that are identified must be resolved prior to closing on the home.
  4. Schedule the home appraisal and inspection. The home inspection and home appraisal should both be completed early on the closing process.Typically, you will schedule a home inspection of the property you are intending to purchase, while your lender will be responsible for arranging the home appraisal (which takes place following the home inspection).
  5. Carefully review your Closing Disclosure (CD) form. Your lender is required to submit to you a CD form at least three business days prior to your closing date. Be sure to review this document carefully, as it will contain information pertinent to your loan and the financial responsibilities associated with your purchase. Any discrepancies in the information entailed will need to be addressed and resolved prior to sitting at the closing table.
  6. Arrange for the final walk-through. Usually scheduled a day or two before closing, the final walk-through is your chance to make certain the property is in the agreed upon condition before you sign the papers to purchase the home.
  7. Know what to bring to the closing table. Depending on your specific state and loan requirements, you will need to provide two forms of identification (one should be government-issued) at closing. A cashier’s check in the exact amount of your down payment (minus any good faith deposit) or wire transfer instructions should also be brought to the closing table.

In addition to each of these factors, it is important to stay in close contact with your real estate agent so that you can remain apprised of the progress of your closing procedure. By keeping these things in mind, you can be better prepared and have a greater understanding of what to expect as you take this milestone step towards home ownership.

Do you have other questions about the closing process? Our team is happy to help! Contact Linear Title & Escrow today and speak with one of our knowledgeable team members.                                     

Top 5 Ways to Prepare for Your Home Closing

Buying a home is a big step and an exciting venture, whether it’s your fifth home or your first. But being completely prepared throughout the entire process is key to helping streamline the settlement proceedings and avoiding a prolonged wait to enjoying your new place. When it comes to getting ready for a home closing, you can never be over prepared. From the mortgage application to the final closing hour, here are the top five ways to make sure you’re as prepared as you can be for that golden day.

Provide necessary documentation as soon as possible.

Once your contract is accepted, your lender will move forward with completing the mortgage approval process. Be sure to submit all necessary documentation as quickly as possible and respond to any requests for additional paperwork promptly. This will help to minimize delays in the processing and funding of your loan.

Stay in contact with your real estate agent and lender.

The best way to remain current on the state of your closing is to stay in contact with your real estate agent and respond to any inquiries from your lender or title agent as early as possible. At times, additional information on your application or other pertinent documentation may be required to move your closing process forward. Remaining “in the know” on the state of your settlement proceedings can help disseminate information more quickly and mitigate any potential snags.

Carefully review your Closing Disclosure (CD) Form.

Within three business days of your scheduled closing, you’ll receive a CD form from your lender. This important document should be reviewed by you and any co-applicants right away and as thoroughly as possible, as it’ll contain detailed information about your loan, interest rate, payment schedule, and other descriptions outlaying the terms of your mortgage. Any discrepancies in the information regarding your loan must be addressed and resolved before going into closing.

Schedule the final the walk-through.

In general, the final walk-through of the property you’re intending to purchase should be scheduled 24 hours before your closing day and time. This gives you a last chance to make sure the property is in its agreed-upon or proper condition and that any necessary repairs have been completed.

Bring proper ID and payment to your closing appointment.

On the day of your home closing, it’s essential to bring two forms of proper identification and either a certified check in the amount of any funds you owe or exact wire transfer instructions to complete the settlement transaction.

Need further tips on getting ready for your upcoming closing? Contact the Linear Title & Escrow team today!