Title, Escrow, Deed - What is that?

Title, Escrow, Deed - What is that?  - from a RISMedia article by Barbara Pronin, and Cornerstone Title blog.

For some first-time home buyers, understanding the difference between ‘title’ and ‘deed,’ and what happens when their home is ‘in escrow,’ can be puzzling - especially since title is not a physical document, but a deed most certainly is.

Here’s a simple explanation.

First, there are two parts to every real estate transaction. The first part, title, is research done by the title company to verify that the seller owns the property and has the full right to sell it.

During the title search, a reputable title agent examines all of the property’s legal records and documents, including prior deeds, liens, mortgages and releases, over an extended period of time. That’s to ensure the property is clear of liens incurred by previous owners, that the property lines are correct, and that the seller has clear ownership of the property and has the right to transfer ownership to the buyer.

A search performed by title experts is crucial to a transaction because it’s the only way to discover the legal status of a property and prove that it is free of liens.

The second part of the transaction is the escrow stage. At this point, title and/or escrow agents work with the buyer and seller to ensure that all the terms and conditions of the transaction are followed, and to receive and disburse funds as instructed for the transacting parties. Escrow is an impartial third party - the gatekeeper, you might say - of the financial process, the loan documents, and the legal documents to be recorded with the county when the transaction is concluded.

The deed, unlike title or escrow, is a written statement of property which contains the names of the seller and the new owner as well as a description of the property. It must be notarized and filed with the county and may require witnesses. Once your buyer holds the deed in their hands, they can prove legal ownership of the property.

Thinking of buying or selling? I like to explain how things work to my clients.

Thank you for reading!  Share if you like, and contact me for your real estate questions!

Francis Rolland

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Owning a home - the Consumer Financial Protection Bureau.

Thinking about owning a home one of these days, even if it is not going to be very soon?

A good way to start is of course to talk to a Realtor® (not just a real estate agent).  A Realtor® is a member of the National Association of Realtors®; he adheres to a very strict code of ethics. Not all agents are Realtors®!

Some of us however like to do some research first, investigate and read about a subject, and be comfortable before making a move. 

A very good place to start, which is not very well known, is the Consumer Financial Protection Bureau which was created right after the 2008 financial meltdown.  Their “Owning a Home” page is really comprehensive, full of essential information about the whole process.  It touches on the financial aspect of the journey to owning a home (loan options, rates etc…) to the actual procedures of closing such a transaction.  By the way, these procedures include new documents and disclosures  that will be taking effect on August 1 of 2015.  The old closing documents and forms will be shelved.

In the financial part, you will see that no one can quote you a rate right off the bat, without knowing a good deal about your personal situation.  So, when you read about that fabulous rate in the paper or in an ad, you’d better be careful, - it is probably for the cleanest, richest, ideal top-credit-rating person   My advice is rather to choose a loan agent whom you know will look out for the best loan for you when the time comes (not necessarily the cheapest).  You will also see that depending on the type of loan, you can borrow more or less…
that walked on the surface of this earth.

As far as the details on the procedures, paperwork, customs and uses, and the most efficient ways to go about doing your search and purchase, I’d go back to your Realtor® of choice - the one whom you know will look out for your best interest.

Thanks for reading!

 

Francis
 

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