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Title
companies conduct a chain of title, which is a review of the
owner history of the property, checking for who purchased
the property, who sold it, and when. They perform judgment
searches to determine whether there are any general liens
against the property, as well as tax searches to verify the
present status of taxes.
Some title companies conduct on-site inspections to verify
lot size, the location of improvements, and evidence of
unrecorded easements.
They issue a “Commitment of Title Insurance” to lenders
after completion of the title search and they receive
instructions and documents for the closing. Title companies
also prepare a final Settlement Statement.
If it acts as the escrow holder, the title company receives
a buyer’s earnest money, which is deposited in an escrow
account until the closing, or final settlement.
As a neutral third party agent of the principals—buyer,
seller, lender, and borrower—the title company helps with
the transfer of ownership by ensuring that the terms of the
transaction are completed. This includes safeguarding all
funds (including the buyer’s deposit) and documents. Once
all the details have been settled, the escrow holder
disburses the funds and documents to the appropriate
parties.
A nother
important role of the title company is to issue title
insurance. Although a title search is conducted, it’s nearly
impossible to guarantee a title is clear of hidden defects,
such as mistakes in interpretation of wills and other legal
documents, impersonation of the real owner, forgery, missing
heirs, falsification of records and confusion stemming from
similar names. Title insurance guarantees the title as
reported.
Should hidden defects surface at any time challenging an
owner’s rights, the title company will defend the title, in
court, if necessary, and cover the owner’s losses up to the
full value of the policy.
Indeed, a title company can be crucial to the process of
buying a home, so select a company that’s known for service.
If you need a recommendation, talk to your real estate
professional.
Corey Williamson can be
reached at (406) 544-9467. Prudential Missoula Properties is
an independently owned and operated member of Prudential
Real Estate Affiliates, Inc., a Prudential Financial
company. Equal Housing Opportunity.

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