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Is
it better to ask for a CERTIFIED check or a BANK check at your closings? |
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Immediate access to money is key for all clients, especially if
they're relocating outside the area.
A BANK check clears
quickly.
So does a CERTIFIED check -- unless it gets lost, misplaced,
destroyed or stolen.
Therein lies the potential problem.
You see,
banks are extremely reluctant to re-issue a CERTIFIED check and will do so only
if your Title Company signs an affidavit and agrees to take responsibility in
case the 'lost' check is ever presented for payment. Most title companies,
including Signature Title, will not do so -- because of the inherent
risk.
In our experience, BANK CHECKS are the way to go.
Please
contact us in advance and we can help you advise your clients which type of
check would be the best choice, whatever their individual circumstances. |
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When
is the very WORST time of the month to schedule your closings? |
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Timing, they say, is everything. So is our experience at literally
thousands of closings.
To save you and your clients time, money, hassle
and delays, we strongly recommend scheduling your closings EARLY IN THE MONTH,
if at all possible.
You see, the entire closing process, which involves
many separate parties, simply tends to bog down at the end of the month. Town
offices can take longer to verify information. Homeowners insurance agents can
take longer to put documents together. Moving companies and van/trailer rentals
are in shorter supply. Appointments for utilities and cable service may also be
delayed.
Even a Title Company as well-regarded as Signature Title may
not be always be able to accommodate specific closing times/locations at the
end of the month -- simply because of the increased demand and the
co-ordination time necessary to get every participant in the closing
fully-ready on a quick-time basis. It's always a good idea to make 'The
earlier, the faster, the better, the rule to remember for everyone -- at every
one of your closings. |
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When
the tax bill arrives, who owes what -- and when?
And how is the bill
pro-rated between the Buyer and the Seller? |
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This
can be tricky...
If a tax bill is due at the time of the closing or within
60 days following the closing, the amount of the bill (or estimated bill) is
usually charged in full to the Seller.
That tax bill amount is then
pro-rated between the Buyer and the Seller. This means the Buyer is charged an
amount on the Settlement Statement -- and the Seller is credited with that same
amount. The amount charged to the Buyer and credited to the Seller represents
the Buyer's share of this bill. The actual amount of the pro-ration depends on
the tax period covered by the bill. The Buyer will owe the Seller from the day
of closing through the end of the current tax period.
NO CURRENT TAX
BILL DUE?
When no current tax bill is due at closing or within 60
days of closing, the reverse is true.
At closing, the Seller can be
charged for his or her portion of an ANTICIPATED future tax bill. At closing,
the Buyer receives a credit for the same amount. Then, when the tax bill DOES
arrive, the Buyer is reponsible for paying the bill in full -- because the
Seller will have already paid the Buyer for his or her share of the
bill.
A WORD OF CAUTION
Cities and towns can take several
months to update ownership records.
Therefore, it's very likely that the
first tax bill issued after the closing will be issued in the Seller's name.
The Seller should immediately forward any tax bill received to the Buyer for
proper payment. If the Buyer knows that a tax bill should be coming due -- and
he or she has not yet received it -- contact the appropriate city or town
office for a duplicate copy (just in case the original bill was mailed to the
Seller in error or not forwarded on to the Buyer).
Need more info? Give
us a call. |
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What
must Sellers of condos and properties with home owner associations disclose
(and Buyers know) before -- rather than after -- the closing? |
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Sellers of condos and properties like homes in subdivisions that
require membership in a homeowners' association should provide Buyers with a
copy of the association's formal legal documents, usually filed with the State.
These include: the DECLARATION, BY-LAWS, and RULES & REGULATIONS of the
association. The Seller should also provide the Buyer with a copy of the most
recent ANNUAL BUDGET. Buyers must know of any monthly or annual dues,
assessments, scheduled expenses or contingency funds for unexpected expenses,
like snow removal costs above and beyond budgeted amounts. All of this
information can also be obtained through the Realtor for the
Seller.
Need more info? Give us a call. |
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The
Right of Recission for Refinancing.
How does it affect your closing
schedule? |
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The
Right of Recission is a non-waivable federal regulation that allows a borrower
(and a borrower's spouse, even if the spouse is not a borrower on the note) to
cancel a refinance decision anytime within 3 business days of the closing,
excluding Saturdays and Sundays.
The right of recission applies to every
refinancing transaction involving the borrower's PRINCIPAL residence. It does
NOT apply to any other lending transaction, such as the purchase or refinance
of an investment property or second home.
WHEN IS THE MONEY
AVAILABLE?
What this means to a borrower who is refinancing a home
for any reason is that the money from their refinancing note is NOT available
until 4th business day after the closing. For closings on Thursdays, funds
would not, for example, be available until the following Tuesday.
This
also means that the payoff for the mortgage that is being replaced by the
refinance will also NOT be sent until the 4th business day after the
closing.
Bottom line? The earlier in the week you schedule your closing,
the faster, the better your closing will be.
Need more info? Give us a
call. |
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Where should your clients keep their copy of the signed HUD
Settlement Statement.
And how long should it be kept? |
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A
signed copy of the HUD Settlement Statement should be kept in a safe place --
preferably, the same place the client keeps all other important paperwork. The
Seller should retain the HUD statement copy for AT LEAST 7 years for IRS/tax
purposes. The Buyer, however, should hold on to the HUD statement copy for as
long as he or she owns the property. There are many occasions when trying to
resolve title matters/discharge problems, when a subsequent Title Company will
want to know information about the purchase. Was a mortgage paid off? Who was
the Title Company that handled the closing? Was Owner's Title Insurance
purchased? Because of the time-sensitive nature of real estate closings, the
faster the old HUD statement is produced, the faster the Title Company can
begin to work on addressing problems. |
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Prepaid interest? Transfer taxes? Tax stamps? Points? What closing
costs can a Buyer tax-deduct? |
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As a
general rule, when you purchase a primary residence, the only costs you can
deduct are prepaid interest, points, and certain real estate taxes. These items
can be deducted for the tax year in which you buy the house IF you itemize your
deductions. For more specific tax advice, we recommend checking with your tax
advisor. |
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If a
Power of Attorney is appointed to attend a closing and sign the closing
documents, can this create problems that might jeopardize the closing? |
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Yes,
it can! Especially if the Title Company is not informed ahead of time. Some
Lenders may not allow the Buyer to appoint a Power of Attorney under any
circumstances. Most Title Companies will not allow a Seller to appoint a Power
of Attorney to sign the deed.
There have been many occasions where a
Power of Attorney is rejected because the Buyer/Seller tries to appoint a Power
of Attorney using a standard form found on the Internet, generated from a
computer program, or purchased from an office supply/stationery store. Such
forms may not contain the requisite state law/statutory language, or may not be
specific enough to the particular transaction to satisfy Lender requirements
(if a Lender is involved). As a result, a Power of Attorney form that may be
acceptable for other purposes (Estate Planning, for example) may not be
accepted for a real estate closing.
If the Title Company has ample
warning that a Power of Attorney may be used, and can review the signed Power
of Attorney prior to the closing, the Title Company can usually identify and
resolve most problems. In other words, the more notice we are given, the more
likely that your closing will proceed smoothly. |
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Why
is NOT having Owner's Title Insurance so risky? If the Buyer already has paid
for Lender's Title Insurance as part of the deal, isn't more insurance simply
redundant? |
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Sometimes, what seems logical can wind up leading you and your clients into
"The Danger Zone".
Here's why:
1) Lender's Title Insurance
protects the Lender not the Buyer -- as the insured policy holder. Without
OWNER'S Title Insurance, Buyers are at risk, since they have no rights to make
claims under the Lender's Insurance Policy.
2) The Lender's policy
insures the balance the Buyer owes on the mortgage. Without an OWNER'S Title
Insurance policy, the Buyer's equity in the property is completely unprotected.
3) The Lender's right to make a claim against the policy begins when
the Lender suffers a loss -- which normally would not occur until after the
mortgage has been foreclosed on.
4) Most importantly, in any
situation where severe title issues occur, the Lender's Title Insurance Company
could decide to payoff the Lender and buy the mortgage -- leaving the Buyer out
in the cold, having lost the property while still being responsible for making
payments on the borrowed money.
Owner's Title Insurance is the sole
safeguard that protects the property interests of Buyers. Lenders, Realtors and
closing agents should recommend it as a matter of course. In fact, Lenders,
Realtors and closing agents who make any statements to the effect that Owner's
Title Insurance is unnecessary open themselves up to the risk of being sued by
a Buyer who elects not to buy the coverage -- but winds up needing it. |
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Can
a Buyer "negotiate" the cost of an Owner's Title Insurance policy? |
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Sorry, no negotiation. In NH, the insurer has no authority to negotiate rates.
Rate tables & schedules, which are filed with NH State insurance department
offices, are public information, and are adhered to by all title insurance
companies.
In Maine, for properties valued at $1 million or more,
there may indeed be "negotiation room" on rates, as some title insurance
companies have negotiated rates on file with the State for million-dollar-plus
transactions. If this describes your client and property, be sure to ask. |
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Why
on earth does anyone need Owner's Title Insurance if a Title Search has already
been done? |
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Owner's Title Insurance and a Title Search are like apples and oranges --
they're two entirely different things. And both are necessities.
A
Title Search is only as good as the records kept in any County Registry of
Deeds and Probate Court. If a problem does not appear in the records, or
appears before the established cut-off date for the search, you, not the Title
Company, are at risk and liable to resolve any problem(s).
In stark
comparison, Owner's Title Insurance protects you against the unforeseen -- the
many HIDDEN RISKS which can affect a property title, EVEN IF a professional,
meticulous and accurate Title Search is performed.
For example:
looking at records in a Title Search will rarely uncover forged documents,
documents signed by a minor or someone under duress. Just as important, there
can be mortgages, liens, easements and restrictions on a property -- NOT found
due to data entry or indexing errors in the County records.
Any one of
these problems could prove financially costly -- unless you're protected by
Owner's Title Insurance, which safeguards your vital interests (and your
peace-of-mind). |
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Which title works best for your clients: Tenants-in-Common or Tenants with
Rights of Survivorship? |
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When two (or more) people take title to a property, what happens when one of
them dies?
If your clients take title to a property as JOINT TENANTS
or JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP, the surviving owner(s) inherit --
without the need for probate.
If your clients take title to a
property as TENANTS-IN-COMMON -- or if the deed does not state any 'condition
of tenancy', the surviving owner(s) must go through the probate process. This
may take considerable time, since either a Will (or if no Will exists, state
law) determines who gets the deceased person's share of the property.
Avoiding probate can save time and money.
But there may indeed be
situations where Tenants-In-Common is the best way to file.
When in
doubt, call us -- we'll help you determine which title is best in any given
situation. |
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WHEN YOU HAVE ANY QUESTION AT ANY TIME,
CALL US AT
1-800-655-0013
FOR FAST HELP |
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