This method of title searching will promote a more expeditious closing and a reduced closing cost to you as we will spend considerably less time conducting the title examination than if we did not tack. Our title insurance company routinely issues title insurance on property based upon these types of title searches, as it is a customary procedure to do so. If you would like to discuss a full title search years) please call us.
Title Insurance: Examination of title is an important matter, but even the most careful examination will not reveal certain defects in title. This is the reason for title insurance, which lenders will typically require. We will be securing for the lender a title insurance policy in the amount of the loan principal. You will be required to pay the title insurance premium, which is normally computed at a rate determined by statute. This is a one-time fee paid to the title insurance carrier, which covers you for any defects in the title of the property.
Survey: If a mortgage lender requires a current map or survey of the property, you will bear the cost of a new survey. You will be responsible for ordering the survey, as we do not order surveys for our clients. Please let us know, if you are going to be sending a new survey, as we must prepare the new legal description from the survey. The title insurance company will insure you even without a survey, but it may not insure you regarding defects that could be disclosed by an accurate survey.
A survey may be beneficial to you in determining, among other things, whether the property of your neighbor encroaches the property or whether an improvement has been erected which encroaches on the property. It is our recommendation that every buyer obtain a survey at the closing.
Loan Documents: Unfortunately, it has become the norm to receive closing documents from the various lenders very late in the process, sometimes only minutes before the closing is scheduled to begin. Understand we will do our best to prepare the closing documents expeditiously, but the receipt of the closing package is largely out of our control. If you desire to review your Settlement Statement before closing, please understand we cannot prepare it until the lender has forwarded to us the closing documents. We suggest you discuss this matter with your lender to facilitate a smooth closing.
Restrictive Covenants, Zoning and Usage: It is our practice to provide a copy of Restrictive Covenants, if any, at closing as a courtesy to our buyer clients; however, we do not review restrictive covenants prior to closing unless your survey discloses a possible violation of the covenants. If you wish for us to review your restrictive covenants for any other reason, we will do so for an additional fee. We do not ensure the property, including the structures located thereon, comply with zoning regulations, nor are we certifying as to whether there is surrounding farmland. A title examination also does not reveal whether the property is suitable for a particular use.
Cancellation of Liens: As part of the closing, we will ensure all liens against the property are cleared. That includes obtaining payoffs of the mortgages, if any. While we guarantee payment of the liens, the nature of the practice in this locale prevents us from following up to make sure the liens have been effectively cancelled at the Register of Deeds office. It is the lender's responsibility to cancel such liens, but if it is not done and as such becomes an issue for you in the future, we will provide assistance at that time for an additional fee.
Our Fees: Our fees for the above-described services are approximately $1,050.00 for a residential closing (unless you have been quoted another fee) which include title examination, copy fees, notary fee and title search fee,if applicable. Since our title examination is performed in advance, we will invoice you for the portion of our fee which covers the title examination if the closing is cancelled for any reason. If there is a foreclosure in your title, which must be examined for accuracy thereof, your fees will increase by approximately $200.00. Should additional services be requested beyond those described herein, additional fees may be incurred. Without limiting the definition of "additional services," examples would include preparation of a power of attorney, subordination, or deed of release, or a simultaneous second mortgage. We may also charge a fee if the closing is delayed or postponed through no fault of our own after the closing documents have already been prepared.