What Every Realtor Should Know About Owner’s Title Insurance

what every realtor should know about owner's title insurance

What every realtor should know about owner's title insurance

Make sure all of your clients are protected

You’re a real estate agent, so you know that buying a home can be overwhelming for many of your clients. Homebuyers can easily feel confused and frustrated by the mounds of paperwork they have to sign. Plus, all the fees associated with closing can sometimes be a surprise even to an experienced buyer.

Owner’s title insurance is one of those items often misunderstood by homebuyers at closing, yet its value is tremendous. As an important advisor to your clients, you are in the position to help them understand the value of owner’s title insurance and the dangers that can be incurred without it.

What is title insurance?

Owner’s title insurance is a policy that protects homebuyers’ property rights. For the same reasons that the bank requires a lender’s insurance policy, a homebuyer obtains owner’s title insurance to protect their legal claims to the property.

How title insurance protects your clients

Say, for example, your client recently purchased a new home from a builder, but the builder failed to pay the roofer. Wanting to be paid, the roofer filed a lien against the property. Without owner’s title insurance, your client would be responsible for paying this existing debt—meaning they’d be paying the roofer out of pocket instead of purchasing something nice for their new home, like new living room furniture. This is just one example of how owner’s title insurance protects homebuyers’ from various significant risks. With owner’s title insurance, your client would be protected from certain legal or financial responsibilities.

Enduring value

The good news is that owner’s title insurance protects homebuyers financially, as long as they or their heirs* own the home. For a low, one-time fee (average of 0.5% of purchase price), homebuyers can rest assured, knowing they are protected from inheriting existing debts or claims to their property.

State regulations and CFPB

Each state government regulates its own title insurance costs. In addition, the Consumer Financial Protection Bureau (CFPB) regulates closing and settlement practices which can impact title insurance. Keep in mind that title insurance industry practices vary due to differences in state laws and local real estate customs. The party that pays for the owner’s title insurance policy varies from state to state, and sometimes even within a state. For more information about title insurance, or to find a company approved to issue an owner’s policy, please direct your homebuyer clients to www.homeclosing101.org.

Free resources for Realtors®

Together, real estate agents, land title insurance professionals and other stakeholders involved in real estate transactions can protect homebuyers and provide them with the peace of mind they deserve during the home closing process.

For more information about title insurance, and to get free resources for real estate agents, visit www.alta.org/realtor.

*This article offers a brief description of insurance coverages, products and services and is meant for informational purposes only. Actual coverages may vary by state, company or locality. You may not be eligible for all of the insurance products, coverages or services described in this advertising. For exact terms, conditions, exclusions, and limitations, please contact a Ticor Title representative.

Ticor Title Participates in the Ugly Sweater Run

Ugly Sweater Run Seattle

We came, we ran, we brought some warmth

To celebrate the season, have some fun, and ultimately provide support for those in need, members of the Ticor Title family took to the streets of Redmond for the merriest 5k of the year on December 3rd – The Ugly Sweater Run.
Needless to say, we donned our craziest sweaters, had a blast, burned a few calories, and feel proud to have contributed to a cause that brings warmth to our community.

Who Does the Ugly Sweater Run Benefit?

The Ugly Sweater Run is partnered with One Warm Coat, an organization that provides a warm coat, free of charge, to anyone in need. Participants of the run are also encouraged to bring a warm coat for donation. In the past year, One Warm Coat held 3,544 coat drives, collected 586,117 coats, and had an impact of $16,680,269.

Improve the Home-Buying Experience with the House-Hunter Scorecard

House Hunter Scorecard

house-hunter-scorecard-img
Ticor Title is happy to offer the House Hunter Scorecard, a simple tool designed to improve the home-buying experience.

House Hunting & Weighing the Options

Deciding on which home to purchase is a major commitment that involves evaluating location, size, price, amenities, and so many other factors. With so many characteristics to assess and compare, it helps to have a tool that can itemize factors, clarify expectations, and build confidence that the home-buyer’s ultimate home choice is the best fit for their desired lifestyle.

Track & Compare Home Preferences

After weeks of looking, it may be easy for a buyer to forget what exactly they liked about homes they’ve viewed. Over time, the details may fade or become vague. However, the House Hunter Scorecard helps to keep a record by organizing and comparing what the buyer likes best about their top two or three home choices.

The House Hunter Scorecard not only includes most of the features needed in a home, it takes into account the importance of the surrounding community and helps the buyer to visualize the lifestyle they seek.

Prioritize & Set Clear Expectations

With the House Hunter Scorecard you can set up a priority list ahead of time and a rank & order features from the most vital to insignificant. This helps to bring focus to the decision making process. Since most home purchases involve compromises on preference, the scorecard helps to weigh the options and make home comparisons easier.

The priority list can also help a Real Estate Professional get a better picture of what the buyer is looking for in a house so they can more accurately suggest houses available that best meet the requirements.
When visiting different homes, buyers can leverage this check list to make notes, see the big picture, and build confidence that their ultimate choice is the best fit for their needs and vision.

Contact your Ticor Title Sales Executive today to reserve your House Hunter Scorecard!

Same-Day Solutions – Signing & Closing

 same day signing and closing escrow
At Ticor Title we believe that every successful closing begins with a great team. We understand what it takes to provide superior service to our clients and partners in the timeliest manner.  Our team of professionals go above and beyond to create a better closing experience by offering same-day signing/closing and instant delivery of Closing Protection Letters.

Download PDF

Click  the following link to download a printable version of – Same-Day Solutions – CPL, Sign, Close .

Same-Day Signing & Funding – Yes We Can!

Because of our commitment to higher standards of service and the high degree of skill and efficiency of our escrow staff, Ticor Title offers same-day signing and funding on purchase and refinance transactions. We have the ability to work closely with our lending partners in order to provide escrow signing services, document delivery to the lender, and recording/closing in the same day. The result is that the buyer has a better experience at the end of the transaction and can get into their house sooner!

Closing Protection Letters on Your Time – Yes We Can!

Instant CPL

Our lender clients may request Closing Protection Letters on active transactions with Ticor.

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We offer the most efficient approach to providing our lending partners with Closing Protection Letters. With our electronic CPL request form, we have the ability to fulfill the request and update the escrow file in one minute. With 24/7 availability and instant response, we fulfill the lender requirement and eliminate a potential roadblock to closing so the transaction can progress.

The Right Choice

Ticor Title is the company that can and will do what it takes to provide the higher standards required for the best possible closing experience. With our rich Pacific Northwest history, unmatched financial strength, and client-focused leadership, it’s clear that Ticor Title is the right choice!

7 Reasons Why Every Homebuyer Needs Owner’s Title Insurance

Seven Reasons for Owner's Title InsuranceBuying a home is an exciting and emotional time for many people. To help you buy your home with more confidence, make sure you get owner’s title insurance. Here’s why it’s so important for you.

  1. Protects Your Largest Investment
    A home is probably the single largest investment you’ll make in your life. You insure everything else that’s valuable to you—your life, car, personal property, health, pets, jewelry, etc.—so why not your largest investment? For a one-time fee, owner’s title insurance protects your property rights for as long as you or your heirs* own the home.
  2. Reduces Your Risk
    If you’re buying a home, there are many hidden issues that may pop up after purchasing it. Getting an owner’s title insurance policy protects you from legal title discrepancies. Don’t think it will happen to you? Think again. Here are just some of the many situations that you’ll be protected from if you have owner’s title insurance.

    Unforeseeable title claims, such as:

    ● Forgery: making a false document. For example, the seller misrepresents the identity of the person selling the property.
    ● Fraud: deception to achieve unfair gain. For example, someone steals your identity and either sells your house without your knowledge or consent, or takes out a second mortgage on the property and walks away with the money.
    ● Clerical error: inconsistent paperwork and historical records. For example, an unforeseeable discrepancy in the property or fence line causes confusion in ownership rights.

    Unexpected title claims, such as:

    ● Outstanding mortgages and judgments, or liens against the property because the seller didn’t pay required taxes
    ● Pending legal action against the property that could affect your ownership
    ● An unknown heir of a previous owner who is claiming ownership of the property

  3. You Can’t Beat the Value
    Owner’s title insurance is a one-time fee that’s very low relative to the value it provides. It typically costs around 0.5% of a home’s purchase price.
  4. Covers Your Heirs*
    As long as you or your heirs* own your home, owner’s title insurance protects your property rights.
  5. Nothing Compares
    Home insurance and warranties protect only the inside of the home. Getting owner’s title insurance ensures your family’s property rights stay protected.
  6. 8 in 10 Homebuyers Agree
    Each year, more than 80% of America’s homebuyers choose to get owner’s title insurance.
  7. Peace of Mind
    If you’re buying a home, owner’s title insurance lets you rest assured, with the knowledge that you won’t be stuck with certain existing debts or legal problems once you’ve closed on your new home.

More Homebuyer Tips & Information
The American Land Title Association helps educate homebuyers like you about title insurance so you can protect your property rights. Check out www.homeclosing101.org to learn more about title insurance and the home closing process.


*This article offers a brief description of insurance coverages, products and services and is meant for informational purposes only. Actual coverages may vary by state, company or locality. You may not be eligible for all of the insurance products, coverages or services described in this advertising. For exact terms, conditions, exclusions, and limitations, please contact a Ticor Title representative.

Streamline Your Workflow with Instant CPLs and Rates

Instant Rates Instant CPL
Sometimes it’s the little things that can make all the difference as to how smoothly a real estate transaction flows. Among the little things are Title & Escrow Rates and Closing Protection Letters (CPLs). The old school way of receiving accurate title & escrow rates or a CPL involved contacting an escrow officer or assistant to request information specific to a transaction. But what do you do if it’s after hours or on the weekend? What if your preferred closer is unavailable or in a signing appointment? What if your deal may fall apart if you don’t receive an answer immediately?

Here are two ways to eliminate delays and streamline the transaction workflow:
  1. Closing Protection Letters Delivered in 1-Minute or LessTicor Title Instant Closing Protection Letter
    Ticor Title is proud to offer a system by which we provide Closing Protection Letters (CPLs) in under one minute for our Lender Clients, providing convenience and a speedy response 24/7. When a Lender completes the CPL request form via MyTicor.com, a response via email with the completed CPL will be delivered immediately and the transaction in our system will be updated regardless of the day of the week or the time of day.
    Request CPLs instantly at: MyTicor.com
  2. Title & Escrow Rates Provided Instantly and Accurately
    For the protection of consumers, today’s transactions allow very little tolerance for variances in Title & Escrow fees disclosed on a Loan Estimate. When you take into account that title and escrow fees are filed and calculated differently in various counties across the United States, determining accurate fees for a Loan Estimate or GFE may become daunting. And don’t forget the various sales tax rates that need to be accounted for across the state of Washington.

    TicorRates.com Title & Escrow Calculator

    Click to view TicorRates.com Title & Escrow Calculator

    Visit TicorRates.com for instant rates.

    In addition, for transactions in which an owner’s policy will be purchased, the CFPB rule prescribes special mathematical calculations for disclosure of the owner’s and lender’s title insurance premiums, which may require receipt of rates for both a stand-alone and simultaneously-issued lender’s policy, as well as the owner’s policy rate. Suddenly, the little task of getting a quote has become a high-stakes math project.

    The Ticor Title rate calculator takes all the aforementioned variables into account and provides a means of accessing accurate fees instantly any time, any day. The result is streamlined workflows for our clients and the peace of mind and confidence that comes with accurate numbers.

    Try the Ticor Title Calculator today at http://TicorRates.com

CFPB Announces Online Filing Under Interstate Land Sales Full Disclosure Act

CFPB ILSA Online Filing Resources
The CFPB has amended Regulations J and L to permit online filing under ILSA. According to the CFPB, “the Interstate Land Sales Full Disclosure Act requires certain land developers to register their subdivisions and provide disclosures about the lots being offered, to protect consumers from deception or abuse.” This generally requires a developer of a subdivision containing one hundred or more lots, with certain exceptions, to register the subdivision with the CFPB. Electronic filing will modernize the process by making payment submission more efficient and reducing paperwork costs.

Contact

For issues or questions regarding ILSA registration contact the Interstate Land Sales Registration Program Office. Direct any FOIA requests to our FOIA office.

EMAIL

CFPB_ILSAProgramOffice@consumerfinance.gov

PHONE

(202) 435-7800

CFPB ILSA Website & Online Filing Resources

The agency has also launched a new website with online filing resources, including instructions, available at
www.consumerfinance.gov/ilsa.

Final Rule Effective Date

June 10, 2016

What’s the difference between “Signing” and “Closing Escrow”

Signing Vs. Closing Escrow

What Happens Between Signing and Closing Escrow

When people talk about a real estate purchase, they sometimes use the terms “signing” and “closing” interchangeably in reference to the event when the buyers sign documents with Escrow. However, there are several events that take place between the buyer’s signing appointment and the actual closing of the real estate transaction. Let’s take a moment and review that process.

Signing of Documents

Escrow receives instructions to prepare the settlement statement so the lender can provide the Closing Disclosure to the buyer/borrower for acceptance and signature. During the waiting period, the escrow company can prepare the necessary escrow and title transfer documents. After the required waiting period, the lender will then forward the documents for signature to the escrow company, so that the signing appointments can be scheduled.

Lender Reviews Documents & Funds the Loan

Once the loan documents have been signed, the escrow officer delivers them back to the lender either by email, fax or physical delivery for review. When the lender is satisfied that all required documents have been signed and all outstanding loan conditions have been met, the lender will notify escrow that they are ready to disburse the loan funds to escrow. Upon receipt of the wire from the lender, the escrow officer is authorized to send the transfer documents to the county for recording. The time frame for review is normally 24 to 48 hours.

Download

Download a printable version of this article. CLick the following link: What Happens Between Signing and Closing of EscrowMinors to Title in Real Estate

Excise Tax

Real estate transactions in Washington State that involve conveyance or transfer where consideration is paid, require the payment of excise tax. All appropriate tax amounts must be paid before the county will allow the Deed conveying title to be recorded.

Recording is Authorized

Once recording is authorized by the lender, and all funds have been received, documents are either electronically recorded or hand-carried to the county recorder’s office by the title insurance company. The Warranty Deed is recorded first, showing the transfer of the property to the buyer, with the Deed of Trust recorded next. Recording the Deed of Trust just after the Deed insures the lender’s first lien position on the property.

Closed and Recorded

Recording numbers are the unique and specific numbers given by the county recorder’s office to a properly executed legal document thereby making it part of the public record. In other words, when we have recording numbers, the buyer is “on record” as holding title to the property and based on the possession date in the purchase agreement, the new owner may take possession and proceeds may be disbursed to the seller.

New! Real Estate Buyer & Seller Guide

Real Estate Buyer Seller Resource Guide

Buyer and Seller Guide to Title & Escrow

Click for eBooklet

We are pleased to announce the availability of Ticor Title’s comprehensive Buyer/Seller guide in PDF, eBook, and Print Formats. This guide is designed to provide meaningful information and answer commonly asked questions that home buyers and sellers have throughout a real estate transaction.

Our goal with the Buyer/Seller Guide is to improve the overall experience of buyers and sellers by providing education and insights that demystify Title Insurance, Escrow, the CFPB, Taxes and more. This guide is a useful tool in setting proper expectations for the complex process of buying and selling a home.

How to Get the Buyer & Seller Guide

For your convenience, there are three ways to access the guide:

Buyer & Seller Guide Available Formats
Formats & How to Access
Downloadable PDF Download the Buyer & Seller Guide in PDF format for viewing, sharing, and local print. Download here: Buyer and Seller Guide to Title & Escrow
eBooklet eBooklet format presents well on tablets, smart-phones, and desktops and provides a means of linking to and sharing individual pages or sections of the document. Click here to view the Buyer & Seller Guide in eBook format.
Print The Buyer & Seller Guide is available in a high-quality print format upon request. Please contact your Ticor Title Sales Executive to reserve yours today.

The guide provides insights and information on the following:

Click any item below to view.

TITLE

The Title Insurance Value Proposition: 10 Reasons
What is Title? – FAQ
Why You Need Title Insurance – 21 Reasons
Life of a Title Search
Title Policy Comparison Chart
Homeowner’s Policy of Title Insurance
Homeowner’s Policy Additional Benefits
What is the Title Commitment?
5 Common Ways To Hold Title
ID Affidavit – Why is it Needed?
Vesting: Common Ways of Holding Title

ESCROW & TAXES

Escrow: FAQ
The Escrow Process
The Life of an Escrow
Opening Escrow
Red Flags in the Escrow / Title Process
Other Parties to an Escrow Transaction
The Loan Process
PMI Private Mortgage Insurance – FAQ

Taxes
PATH Act
Loan FAQ
What is Payoff
Property Tax – Annual Calendar
Closing Costs: What Buyers & Sellers Typically Pay For

CONSUMER FINANCIAL PROTECTION BUREAU

Consumer Financial Protection Bureau (CFPB)
What is Consumer Financial Protection Bureau? (CFPB)
Will The New CFPB Rule Delay My Closing?
Purchase Title / Escrow Order Workflow
The New Closing Disclosure Explained

TERMS

Glossary of Terms

Minors in Title to Real Estate

Minors in Title to Real Estate

 

Minors in Title to Real Estate

There are times when a minor is in title. Maybe the deed from Mom & Dad says “Susan B. Jones, a minor.” Or, when she shows up to sign papers, the Realtor® notices the nanny who brought her in. Of course, a child can inherit property. The parents never intended for the child to own it so soon, but it happens.

Are there problems with minors in title?

Custodian

Washington has adopted the Uniform Transfers to Minors Act. This is the most practical way for minors to “own” property. There is no document or agreement. The statute deals with the responsibility of the custodian to the child. Otherwise, you can have a…

Trust

A trust can be set up for a minor, either separately or by language in a will. The trustee can also transfer property to a custodian (who can even be the trustee) if the trust permits it. But if there is no trust or custodianship, you need a…

Guardian

A guardianship is often what happens when both parents are deceased without making provisions for how a minor child can deal with property. It’s not absolutely necessary unless real property must be sold or mortgaged, but a court must approve any real estate transaction.

Most of us know there may be a problem, but what is it, exactly? Can little Suzie even be in title? Can she convey or mortgage the property? How?

Well, yes a minor can be in title, and it happens all the time. That’s not the problem – if she doesn’t want (or need) to sell or mortgage the property now, she will eventually be old enough to do something with it.

But until Suzie reaches the legal age of majority, she is under a type of “disability” because she lacks the capacity to enter in to binding contracts. If she signs title away when she is 17, she can disavow it when she reaches the age of majority and for some time thereafter.

What if a minor needs to sell or mortgage the property?

The only way for Suzie to sell or take out a mortgage is for someone to go to court, open a guardianship, appoint a guardian, get a court order authorizing the transaction, and have the guardian execute the deed or mortgage. Also, if a guardian has been appointed in another state, an ancillary court proceeding will be needed because the foreign court does not have jurisdiction in Washington.

All this can be expensive and time consuming and pretty onerous if the transaction has to happen now. But, there is no alternative – the horse is already out of the barn, so to speak. The conveyance to Suzie (or her inheritance) can’t be undone.

Other ways for a minor to own real estate

Download

Download a printable version of this article. CLick the following link: Minors in title to real estateMinors to Title in Real Estate

There are other more practical ways to deal with children owning real estate.  One is a trust, where title is conveyed to the trustee of the trust, or the trust is set up in a probate. In that case, the title company will need to see the trust document or the will.

A custodianship pursuant to RCW 11.114 is a simple alternative. In that case, title is conveyed to an adult of legal age: “John Paul Jones, as custodian for Susan B. Jones, under the Washington Uniform Transfers to Minors Act.” The statute provides for only one custodian per child per deed, and a trust company can be named as well, if the trust permits it. It used to be called the Uniform Gifts to Minors Act, and you might see this recital in a deed coming from another state. A deed can be accepted from a custodian in any state, which need only recite the adult custodian, the custodianship and the name of the minor.

When title is vested in a custodian, title insurers do not need to call for any proof of authority or documentation. This is an advantage of a custodianship over a guardianship for all concerned. Acknowledgments for a custodian would be for the adult individual, because there is no documentation to present to the notary, while a guardian would use the representative capacity (for a fiduciary) form.

Of course, during the custodianship the adult has a fiduciary responsibility to the minor, and can’t dispose of or use the assets for personal gain. The money from a sale of a house would still belong to the minor. But third parties, including title companies, don’t need to question where the money will end up.

What happens when the minor reaches legal age?

Once the minor reaches 18, 21 or in some cases 25 years of age (it all depends on the circumstances of the transfer), the custodian is to convey the property to the minor. But as an adult she can deal with the property in her own name. With a guardianship, the court action needs to be closed, and the property distributed to the minor.  A custodianship is a convenient way for a minor to hold title, but there can be estate planning and taxation ramifications when children own real estate. An attorney should always be consulted if a minor is or will be in title.

Questions or comments?  Please share below!