Tag: title insurance
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When Do You Need a Warranty Deed?
Sometimes it’s best to use a warranty deed to transfer property. It’s common whenever there’s a seller and buyer who didn’t know each other before their deal. In fact, a mortgage lender or insurance company could insist on a transfer by warranty deed. But why? A warranty deed transfers a title with certain protections. This…
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Seniors Under Pressure: Could Someone You Love Sign a Deed Away?
It’s an all-too-common story. You’re caring for your parent, who’s a deed holder. And when you’re not looking, another person persuades the senior to sign over the deed. Who puts pressure on elders to give away their homes? It could be a renter. Maybe an acquaintance or relative. Maybe a health assistant or handy person. …
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Selling a Home, But Not Your Own: The Dramatic Rise of Seller Impersonation Fraud
The American Land Title Association surveyed hundreds of title companies — 783, to be precise — and found seller impersonation fraud rising year over year. More than 20% of the firms reported recent instances of this bizarre activity. Crafting elaborate hoaxes, these con artists pretend to be ordinary real estate owners. They are masters of…
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What If the Deed Is Not Recorded? (Never Let This Happen.)
By accepting a deed, you become a new property owner. Be sure to file the deed you accept with the county recorder’s office. The recording becomes your public notice that you now own the property described on the deed. You might have heard that a deed works to transfer property as soon as it’s offered…
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Can Working with a Real Estate Attorney Instead of an Agent Save You Money?
A lawyer can guide you through a real estate transaction. A lawyer can prepare (or check) your paperwork, represent you, and advocate for you. A lawyer runs the title searches, ensuring that the seller has a good title to transfer. Real estate attorneys also handle settlements. And yes, using a lawyer rather than a…
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Wire Fraud at Closing. Who’s on the Hook?
Over the past three years, wire fraud in home purchases has gone up sharply. Many victims are turning to court to seek damages after losing much of their life savings to the scammers involved. But who can they go after? The bank? An insurer? The title company? The agent? Some of the players (like banks…
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Out of Control: Title Insurance and Other “Extras” Home Buyers Pay
$18K annually. That’s what the average homeowner pays to be one — above and beyond the price of the home and mortgage, property taxes, and utilities. Mortgage closing costs make up a third of that figure. U.S. housing costs are outpacing the country’s overall inflation. Homeowners’ insurance alone is up 11% year over year. And…
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Is the Deed Still Good After Erosion?
Boundaries of waterfront property can change. And today, more and more, homes near beaches or tidal rivers are losing land. The issue? Climate-related sea level rise. The impact? U.S. coastlines will see tides rise by about a foot between now and 2050, according to the National Oceanic and Atmospheric Administration. That’s a century’s worth of…
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Real Property Basics: What Is a Clear Title?
A clear title. The term is commonly used to mean the deed holder can prove ownership, unquestionably. To verify that, a title company can conduct a title search. Other parties’ claims on the title are called title defects, or clouds on title. What do these claims look like? They might be mortgage liens, court judgments,…
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Can We Record Deeds on the Blockchain?
Blockchain, the underlying technology of cryptocurrency, is a digital recording system, leading innovators to wonder if it could solve challenges in deed recording. The U.S. deed recording system is tried and true. At the same time, title defects and tangled titles are much too common. Additionally, deed fraud harms vulnerable homeowners.. What if our title…
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Behind the Scenes of a Home Purchase: What’s Your Title Company Doing?
You joyfully pick up the keys on closing day, and leave the office triumphant, a thick folder from the title company under your arm. The title company played a starring role in your day. At least it did if a mortgage is involved! Cash buyers need not hire experts to run a search on the…
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Fannie Mae Was Going to Save Mortgage Borrowers Thousands by Dropping Its Title Insurance Requirement. Never Mind.
The Biden administration was working with loan backers to delete title insurance charges from closing costs. The move would have saved quite a few home buyers hundreds or even thousands of dollars. Noting that the plan had been silently scuttled, the Wall Street Journal said pressure against it came from “an obscure industry.” The obscure…
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In the News: Struggling and Elderly Homeowners Targeted by Deed Fakery
Imagine a licensed real estate broker — of all people — accused of taking other people’s homes and selling them. Imagine someone deciding to fake a deed to steal the house of an elderly homeowner who’s ill and in a nursing home. These are both real stories, now unfolding in Florida.
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Can a Quitclaim Deed Be Undone?
A quitclaim deed transfers real estate to a new owner. A properly completed and recorded quitclaim cannot be undone. Here’s why — and what to do next if there’s a problem with the transfer.
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I’m Changing My Name. What About the House Title?
Your house title should state your current legal name. Of course, there are other documents that prove your identity. But having the correct name on the title will save steps when you want to sell or take a loan out on your home. So here’s a brief guide to changing the title to your home…
