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What are the duties of a title company for a residential escrow refinance?
This is a state specific question, since in some states, the escrow company is a separate entity from the title agency. Therefore, I will answer the question assuming that the title agency is also acting as the closing/escrow agent. If the title agency has been hired to provide a Report on Title (Property Report) only, they will search the abstract (history) of the property of the present owner only. The Report will be issued, but no title insurance coverage will be provided. This is typical in smaller HELOCs where the lender does not require insurance, but does need to know condition of title. If the title agency has been hired to provide Lender's title insurance coverage, they will do the current owner search(es), provide a Commitment/Binder to insure. There will be certain requirements that must be met (paying off current loan, taxes must be paid current, etc.). Either the title agency, loan officer or the borrower may be responsible for obtaining the actual payoff statements from the appropriate parties. Once all conditions are met and the lender is ready to close and the title agency is the settlement/escrow agent, the lender will send the loan documents to the title agency along with their closing instructions. The title agency will prepare the HUD-1 Settlement Statement and send it back to the lender for review. Once the lender has approved the final HUD-1 Settlement Statement, the closing will take place. The title agency will witness the signing of the loan documents with the borrower and will also require certain title documents also be signed. They will collect copies of the borrowers' IDs along with any other items required by the lender (Marriage Certificate, proof of homeowner's insurance, etc.) The loan documents are sent back to the lender and the borrower has a 3-day recission period to decide if they want to go through with the loan. (This applies only if the property being refinanced is the primary residence. Investments and second homes are funded the same day, although the lender may not release the funds until the loan docs are back in their office.) Once the recission period has passed, funds will be sent to the title agency. They will disburse the funds according to the HUD-1 Settlement Statement, paying off the current mortgage, taxes, credit cards, etc (whatever was listed to be paid at time of closing). If a figure changes from the time of closing to time of disbursement, the borrower is still responsible for full payment of whatever is owed and that adjustment will be made by the title agency. (They will contact you on any issues at funding) The title agency is usually responsible for recording all documents such as mortgages, deeds, subordinations, etc. They will record the same at the county or municipal level. Once the recorded documents are properly indexed with the Recorder's Office, the title agency will order a cover record, which is a final search that shows the prior mortgage discharged and the new mortgage recorded. At that point, they will update the file and issue a Mortgage/Lender's Policy to the lender.
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If you refinance a vehicle and the finance company sends you the title not the new company what can they do if you don't send them the title?
You keep the title. It should show a leinholder listed below, under your name. The new lender doesn't actually need to have the title, as the new lender will release the lien …after the payments are made in full. You will then be issued anothe title, showing you as being the sole owner of the vehicle. This is what they refer to as a "clear" title.
What can you do if mortgage company has not filed title to your land but it was paid off years ago now you can not refinance because in the title search it shows they still hold mortgage?
The first thing you want to try is contacting the lender that held your loan. This is usually just an oversight on their part and they usually want to get it corrected in a ti…mely manner. This would be the fastest, easiest, and least expensive way to resolve things. If that does not work, find a local title company or real estate attorney to help you get this resolved.
You have ask title company for orig title policy after closing escrow and copies of all signed loan docs how do i get them 4mos been trying they say there in storage?
If you have contacted the Title Company and havent had any luck thus far, Contact the original Broker / Mortgage Co. The Mortgage Co is issued the Original Final Policy …and should be able to provide you a copy as well as your closing docs. I would also look up there Corp name filings to see whom the Title Co is owned by and launch a complaint, This normally gets them moving... Good Luck
It is just a difference in vocabulary. Both hold funds (ie. down payment) in escrow for closing and both will ensure a clear title before closing.
Who is responsible for a property tax lien that the title company didn't find until after escrow closed?
The Title Co should have found that lien, which mean that the Lenders is not in 1st Lien position,, Title Co's issue a CPL which is a closing protection Letter or E&O. W…hich protects the lender. The Title Co can request that you settle out the Lien and provide proof. Either way someone has to pay it. I would contact your loan servicer and have them advise you on what to do since they now have an interest. Good Luck
Yes, virtually all lenders' underwriting requirements call for lender's title insurance for a refinance.
A title company helps sellers transfer titles and they help buyers take possession of titles. They are responsible for making sure the sale proceeds in a legal way and do …a lot of the paperwork.
The interest that in some states can be collected on Escrow Trust accounts is usually just enough to cover the high costs associated with keeping the account open such as wire… fees (up to $75 per wire, and nearly every transaction incurs these fees), funds transfer fees, check fees, and the usually bank fees associated with any account. In addition, they must pay for 3rd part accounting and reconciliation of these accounts in order to be legally compliant, and specialized escrow accountants can be quite expensive, especially since most state regulators require these accounts reconciled to the penny every 30 days, which involves hundreds of individual transactions, and millions of dollars. In short, yes they may in certain states, but it does not add to their profits. It just assists in keeping costs to clients low.
In a refinance with a different bank why are you asked to pay 4-6 mos of escrow at closing when escrow is included in the loan?
Certain factors come into play, including anticipated taxes and insurance as well as a cushion to cover escrow in the event these fees exceed the expectations.
I have a buyer for a home advertised on the multiple listing service. After entering escrow with the seller we find that there was a a third mortgage that the title company failed to record.?
The 3rd mortgage should be promptly recorded so that it can be properly discharged of record for closing.. The 3rd mortgage should have no bearing on the sale, since the Sell…er was aware of all the mortgages they have against the property and should have set the price of the property high enough to pay off all 3 mortgages against the property.. You just need to make sure that the mortgage is properly recorded and properly discharged of record at closing.
If you got a real estate property by a grant deed with no escrow and you cant find the previous owner to redo the transaction and title company want insure it what is the legal way to clear title?
If you can't find the previous owner to execute a corrective and confirmatory deed then you must bring a Quiet Title action in a court of equity and obtain a judgment. Only a …court order can clear the title. You should check to see if you paid for a certification of title or an owner's title insurance policy when you purchased the property. If you paid for professional representation at the time of your purchase perhaps they are responsible for clearing the title. Title coverage that insures over the defect is not a cure. It's a band-aid.
What do you do if your auto finance company sends you your title after a refinance with a release of lien signature?
Well it's obvious that you still owe them money and the "Lien" was released by mistake. The honest thing to do would be to call them and inform them so they can file for a new… title.
Escrow Global Ltd is a legitimate company but like other escrow service providers (eg. Escrow.com) its name has been used by fraudsters who set up websites claiming to be affi…liated with it. Always contact the company itself to check.
Will title companies charge you for title insurance on a refinance when you already have title of insurance proof?
The refinancing of property is a new loan, unless you are getting a mortgage modification. When the old loan is paid off, the MORTGAGE Policy on the title expires. The lender,… regardless of whether is it the same lender or not, will require new coverage on the new loan. If you are doing a modifcation, then the rate would be figured on the difference of the new loan to the old loan amount + all related costs to update the information on the property in order to insure the lender's interests. The OWNER's policy you may have received when you bought the property does not change because of a new mortgage. You are still covered by the Owner's policy until (a) you no longer own the property (b) you modify the property by subdivision. Original Answer: In a nutshell, yes. The charge may be reduced if you provide your prior evidence of title. You may also request a "reissue rate" for the title insurance premium. However, the title company must still search the public records from the time you acquired the property up to the time of the refinance, and there is a charge for that service, as well as for the closing, title insurance premium, etc.
Yes, they can invest money in an interest bearing account held in escrow, however they usually charge a fee for this service which can far exceed the amount of interest you wo…uld receive, especially these days when interest rates are so low on interest bearing accounts.
Most insurance companies will also offer refinancing for motorcycles. One should first and foremost contact their local companies to ask about special deals and packages.
The Escrow Company is in the real estate industry. Basically, the escrow is the money held by a third party on behalf of a transacting party. In the USA its specifiacally us…ed in real estate for property tax and insurance.