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Transferring Real Estate Property

We’ve seen it time and time again. Loved ones of a deceased family member put a house on the market, the house attracts a potential buyer, it goes through the process, and suddenly there’s an issue with probate. 


Often, it is assumed that a loved one’s estate is rock solid…until it comes time to pull the title and deed. 


Here we touch on how probate can affect title rights and provide suggestions on how to minimize closing delays on the sale of a home that is in probate. 


How Probate Can Affect Title Rights 


If listed incorrectly, even the smallest detail can have a huge impact on title rights. At True Concept Title, these are the most common mistakes our national title agents come across:  Incorrect legal description in the court order 


  • Improper recordings after divorce 
  • Improper Notice to Beneficiaries 
  • Not recording Disclaimers of Interest 
  • Missed heirs or beneficiaries 


Homes being sold by loved ones of a deceased family member often cross state lines – yet another complication in the home-selling process. Even when clients are utilizing title and escrow service in multiple states or areas, True Concept Title can help. Call us today at 866-651-6224 for more information. 


Signing the Listing Agreement 


One of the first steps when selling a home is signing the listing agreement. Simple enough, right? Not so fast. 


When it comes to selling a property of a deceased loved one, a common misconception is that the surviving spouse, children, or another family member of the deceased homeowner have the authority to sign the listing agreement.  This is not the case. 


Before the listing agreement is signed, a realtor must pull the vesting deed to ensure the person listed on the title is the one signing! If this is not the case, the home will go into probate. The ONLY person who has the legal right to sign documents on behalf of the decedent is the personal representative, a.k.a. the Executor of the Will. 


The Language of Survivorship Rights 


It is important to note that the language applied within titles and deeds is incredibly important. Many times, a co-owner of a home is listed as a “tenant-in-common” on the deed, leading the co-owner to believe he or she has the right to use and dispose of the property. Again, this is not the case. 


To avoid probate, the default language in the deed must make mention of “survivorship rights”. By doing so, the share of the decedent’s interest in the property is automatically transferred to the other owner or owners listed on the deed. 


Responsibilities of the Title Agent During Probate 


title agent plays a key role during the home selling process, especially if the home goes into probate. If this is the case, one of the main functions of a title agent is to ensure the personal representative has been properly appointed. 


Additionally, a title agent must have the Letters of Administration recorded, have the title transferred to the personal representative, and have the deceased person removed from the deed. This is just among the many services provided by our national title agents. 


Common Documents Required by Underwriting as Related to Probate

  

At True Concept Title, we have the experience and national presence required to effectively handle the complex process of selling a home that has gone into probate. In order to minimize delays with the closing process, the following documentation is required: 


  • Proof that the probate administration has been opened 
  • Affidavit of continuous marriage 
  • An official recorded death certificate 
  • Tax exemption forms *Proof that the decedent’s estate doesn’t owe taxes, varies by state. 
  • The signature of heirs, personal representative, or other beneficiaries *Probate may reopen probate is this was not originally executed properly. 


Title & Escrow Services at True Concept Title 


True Concept Title maintains a presence across the United States by providing a complete line of title and escrow services in every state. For more information on our services, please contact us today at 866-651-6224.

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Purchasing a home is often the most significant financial investment a person makes in their lifetime. However, this process carries inherent risks, especially those related to the title of your new property. Title issues can arise even after the most thorough research and due diligence. Owner’s title insurance is an invaluable asset in guarding against unexpected claims and ensuring that your ownership rights are fully protected. Imagine completing the purchase of your dream home, only to discover undisclosed liens or claims from unknown heirs, threatening your ownership. Title insurance is designed specifically to prevent such worst-case scenarios. It steps in to defend your ownership rights, covering legal expenses and potential financial losses. Whether correcting errors in public records or resolving boundary disputes, title insurance is your ally in securing a clean title transfer. Here's an in-depth look at how this insurance mitigates risks and offers peace of mind during and after your home purchase. Comprehensive Protection Against Title Defects Errors in public records, undiscovered liens, or other encumbrances can arise even after a thorough title search. These mistakes can be as simple as a misfiled document, owner’s title insurance covers any such issues that could otherwise result in financial loss or impact ownership rights Example : Imagine purchasing a home and later discovering that the previous owner left unpaid property taxes, resulting in a lien on your title. Title insurance would cover the claim, freeing you from the burden of unexpected financial responsibility. Legal Defense Against Ownership Claims One of the most daunting challenges a homeowner could face is a legal claim questioning their ownership. Whether it’s due to a forgery in past transactions or heirs who suddenly emerge with claims to the property, title insurance provides vital legal backing. Example: Suppose an heir emerges years after you purchase the home, armed with a will that asserts ownership rights to your property. With title insurance, the insurer provides legal defense, covering costs associated with protecting your ownership. Assurance During Boundary Disputes Boundary and survey disputes are quite common and can significantly impact your enjoyment of the property. Issues may arise if previous surveys were incorrect or if property lines are contested by neighbors. Such disputes might affect your ability to use, alter, or sell your property. Title insurance assists in covering costs and resolving these disputes effectively. Example: If a neighbor contests the boundary defined by your fence, title insurance can cover the expense of a new survey or legal negotiations to ensure fair resolution. Financial Security and Policy Coverage Title insurance guarantees reimbursement for any covered financial losses, minimizing out-of-pocket costs, and provides coverage for as long as you own the property. Example : In the event of a successful claim against your ownership, the policy ensures you are reimbursed for financial losses up to the coverage amount. Peace of Mind in Property Ownership The assurance that comes with knowing your property rights are protected allows you to focus on enjoying your home without lingering legal worries. Example : Confidently transfer or sell your property in the future, knowing any potential title issues are covered and resolved, making your property more attractive and easier to sell. Conclusion: The Assurance of Owner’s Title Insurance Securing owner’s title insurance is a prudent step for any homebuyer, offering security and peace of mind against potential title defects. By partnering with a reputable title company, you ensure a stress-free purchase process, safeguarded against unplanned challenges. From past errors to future enjoyment, owner’s title insurance is the cornerstone of a secure homeownership experience—celebrate your new home, knowing your investment is protected. Call True Concept Title today for all of your title needs! 866-651-6224
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By Melanie Martin 21 Aug, 2024
Navigating the complexities of a real estate transaction can be daunting. This is where a title company, like True Concept Title, becomes invaluable. Acting as a linchpin in property transactions, a title company plays multiple critical roles – from conducting title searches to ensuring a smooth closing process. Title Search and Review: The First Line of Defense At the heart of a title company’s work is the title search and review. This process involves meticulous examination of public records relating to the property in question. The goal is to inform all parties involved – buyers, sellers, and lenders – about the status and condition of the property’s title. This investigation is crucial in identifying any issues that could jeopardize the transaction, such as liens or foreclosure proceedings. The outcome of this search is typically presented in a preliminary title report or a commitment for title insurance, laying the groundwork for the next steps. Closing Agent: Orchestrating the Transaction Title companies often serve as the closing agent in real estate deals. This multifaceted role means they represent each party involved in the transaction. As a closing agent, the title company is responsible for gathering signatures on all closing documents and handling the financial aspects of the deal. They ensure that funds are correctly distributed and that vital documents, like deeds and mortgages, are accurately recorded at the local land records office. The Role of Escrow Officer In many transactions, the title company also acts as an escrow officer. They hold crucial documents and funds in escrow, following the specific instructions of the buyer and seller. For instance, the buyer entrusts the purchase money to the title company, while the seller provides a signed deed. The title company, in its role as an escrow officer, only releases these assets according to the agreed-upon terms, ensuring a fair and secure transaction. Issuing Title Insurance: A Shield Against Future Risks One of the most critical roles of a title company is issuing title insurance. This policy protects against future discoveries that could challenge the buyer’s property ownership. While the title company issues the policy, it acts as an agent for the insurance company, earning a commission. The insurance company itself bears the risk and receives the actual premium. This insurance is vital in safeguarding both the buyer and the lender against potential title-related losses. The role of a title company in real estate transactions is multifaceted and indispensable. At True Concept, we pride ourselves on delivering these services with precision and care. Whether you’re a buyer, seller, or lender, our expertise in managing title searches, facilitating closings, acting as an escrow officer, and issuing title insurance ensures that your real estate transactions are secure and seamless. Embarking on a real estate journey? Let True Concept be your guide and protector. Contact us today to ensure your transaction is in the best hands.
A loan agreement is sitting on a wooden table.
By Melanie Martin 21 Aug, 2024
Navigating the Shadows: The Impact of Public Record Errors on Your Home’s Title Purchasing a new home is an exciting journey, fraught with complexities and historical baggage that could impact your title. It’s crucial to understand that even though your property is new to you, it might come with a past that includes errors in public records—a common issue identified during the title search process.  Errors in public records, stemming from clerical or filing mistakes, can significantly affect the legal status of your property. These inaccuracies might relate to the property’s description, such as incorrect square footage, which can influence the loan amount a buyer is eligible for, potentially derailing the purchase process.
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