The average person does not buy more than 1 or 2 houses in their lifetime so the transaction is viewed as pretty substantial. Most homes cost tens of thousands of dollars and some are upwards of that, so you can see why banks and homeowners alike take steps to preserve the value and ensure the transfer of the property.
Title companies are charged with the task of ensuring that the title is easily and cleanly transferred from one party to the next. This is necessary to avoid litigation and preserve property integrity.
The title company makes sure any and all liens, including mechanics liens and tax liens, are taken care of before the transfer. They also confirm legal boundaries just in case there may be a discrepancy.
As soon as both parties sign the purchase and sales agreement, the file is sent to the title company who immediately start working. They assess the compliance with all local and federal laws and regulations and take care of the following:
Verification of the seller
This step essentially confirms that the supposed seller actually owns the property and can legally convey it, their identity and marital state. The title company also submits all legally required documents.
Property has Clear Title
The other important objective of the title company would be to ascertain the title of the property being purchased by the buyer is absolutely clear. This would mean that the property has no encumbrance or is not under lien. There is no property or any other fiscal tax or costs due by the seller to the state.
Title insurance
The title company also sells the buyer a form of insurance protecting them against any future difficulty with the title called “title insurance”. This insurance policy takes care of any legal and administrative costs in settling any disputes involved in the title transfer. Both, the buyer and the lender purchase title insurance policies to protect their own interests.
The final stamp of approval is called the “Commitment of Title Insurance” and is issued only after the title company has signed off on the authenticity of the property title. All parties including Realtors, lenders and seller and buyer get copies of the document for their own records.
Your responsibility to investigate the property you are interested in does not stop at trusting the professionals you hire to take of things. You must also act to disseminate the liability of the transaction through as many responsible entities as necessary for your own protection.