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Yes, you can choose your title company in most real estate transactions, although some lenders may have preferred providers. It's important to select a reputable title company that can ensure a smooth closing process and clear title to the property. Always review your options and consider factors such as fees, services offered, and customer reviews before making a decision.

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4mo ago

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Can you buy title insurance from someone other than the company doing the title work?

ANSWER Yes, you absolutely can buy title insurance from any company from which you choose to buy it. You can buy title insurance from a company other than the company that is doing the title work, but the company doing the title work will need to be paid by for the work that they do that if it is used to write the title insurance policy. For instance, a title company may do the title search and that search will be paid by whoever hired them to do the search. That search can be purchased and a certified copy of it can be used by another title insurance agent to actually write the title insurance and sell you the title insurance policy. If a title company does a search or anything else without being hired by the person responsible for paying for the service, than they may not get paid, no matter whether or not they've already completed the work. If you want to use another title company, other than the one who has already been doing what they refer to as "title work", and you haven't hired them; you absolutely have the right to pay the company of your choice for the services that you are responsible for paying. If the company you decide not to use wants to be reasonable and sell the new title company the "work" they may have done, for what it would cost you had you bought it from the company of your choice, than you or the new title company can choose to purchase that "work". Remember this: The actual title work continues through and beyond the closing. Its not just doing a search, but it also includes every aspect of pre-closing, closing, and post-closing responsibilities. So any title company who tells you they've already done all the "title work" is wrong. Bottom line, pick your own title company and compare prices, just like you would for anything else you that you on which you choose to spend money. ANSWER "Title Work" usually refers to the business of issuing title insurance. Only a title agency can issue title insurance. And yes, by law, you have the option of hiring whoever you choose to. Your question is a little confusing as you refer to a title agency "that is already doing the title work." Did you start with one agency and then decided to use another one now? Or did your attorney, real estate agency or lender choose the first agency for you and now you have decided to use someone else? If you hired one company and simply changed your mind after they started the work, you are still obligated to pay them for any services rendered. A title agency is no different that any other business. If they did work for you, they are still entitled to be paid for whatever work they provided, regardless of whether or not you switched companies. You may end up paying the first company for whatever work they performed in your behalf and still paying full fees to the 2nd company for their services. A title agency will search all recorded documents on the subject property, as well as real estate, sewer/water, assesments and judgment liens. They will then prepare a Binder/Commitment/Report on Title that is the intent to insure and issue a final Lender and/or Owner Policy. This usually referred to as the "title work". In many states, but not all, the title agency is can also act as the settlement agent and will prepare the closing statement, coordinate the closing with all parties involved, and disburse the lender's funds to the appropriate parties. However, an attorney may also do the same, depending on your particular state's practices. In some states, only an attorney can disbuse and act as Settlement Agent. In some states, you must be a licensed attorney to own and operate a title agency. In some states, it is legal to charge for a title agency to charge whatever they want to for their premium and search charges, in other states, like NJ, all fees are highly regulated and a title agency can charge only the filed fees and rates. By the way, most title agencies will not accept another agency's abstract/search work or "purchase" the same from another agency. They would just do a new search/abstract and bill you for it. There are too many liability issues using someone else's search/abstract since the new title agency would not know the quality of the first company's searchers/abstractors.


Can I sue a title company for not finding a cloud on a title?

YES, that is what title insurance is for!