When you’ve got ever bought a house by way of a realtor and with a mortgage, then you’ve gotten seen a title commitment. This is a „invoice of health“ from a title insurance company, alerting you to who owns the property you might be purchasing and to any liens, mortgages, or encumbrances on the property. It is essential that you simply get a title commitment and title insurance.
A typical sales agreement requires the seller to provide the customer a „warranty“ deed. The word „warranty“ implies that the seller is guaranteeing to the client that he/she owns the property, that it consists of the legal description set forth within the title commitment, and that the liens, encumbrances, and mortgages could have been discharged at the time of closing in order that the property is switchred without any baggage. As an aside, if the sales agreement was signed by one person but the title commitment signifies that there are two owners of the property, both of the owners should sign the closing documents for the sale to be consummated. If the property is owned by an estate (because the owner died), the personal representative could must get a court order to acquire the creatority to sign a deed on behalf of the estate. If the property is owned by a corporation, then a majority of the shareholders must consent to the sale by a corporate resolution for the sale to be effective.
When there is no such thing as a title insurance guaranteeing the legal description, the legal owner, and the absence of encumbrances at the time of closing, the buyer often gets a mere „quit claim“ deed. This means „purchaser beware“-in spades. The buyer could later have a declare for fraud in opposition to the seller, however which means a lawsuit and potential problems with collecting on a judgment. If, however, you will have title insurance and discover that the authorized description was fallacious, the seller didn’t have the best to sell the property, and/or liens or different encumbrances weren’t disclosed or not discharged, you’ll be able to file an insurance claim and hopefully be paid almost immediately.
While you buy property, especially if it has been foreclosed or you’re buying it as a „quick sale,“ be sure to get a title insurance commitment. The commitment provides direction for what must be accomplished to remove liens, encumbrances, and mortgages from the general public record. The commitment, however, can „expire.“ There’s a date, normally on the high, that indicates the last date that title to the property was checked. You can request that the title commitment be „updated“ to the date of the sale. If it is not and you accept a commitment with a stale date, then you definately might not be able to complain if the IRS filed a lien in opposition to the property the day earlier than the sale, and the title firm did not discover it. Because title insurance firms are linked as of late to the Register of Deeds office, it just isn’t burdensome for them to do a final minute check.
As a last concern, when property has been foreclosed, there is a „redemption interval“ (generally six months) after the sheriff’s sale during which the owner can „redeem“ the property. To redeem, the owner should go to the Register of Deeds office with a cashier’s check for the amount paid at the sheriff’s sale plus the interest that has accrued because the sale. If the owner manages to sell the property throughout this redemption period, that will produce enough money to redeem the property. The problem is that if the property is redeemed, then the entire mortgages or liens that were recorded after the foreclosed mortgage was recorded are reinstated and remain connected to the property.
For instance, assume the following:
On January 5, 2008, Bank of America recorded a $one hundredK mortgage loan to the owner.
On September 9, 2009, Quicken Loans recorded a $50K secured equity line.
On March 2, 2010, the IRS filed a lien for $100K.
If (a) Bank of America foreclosed on the $a hundredK mortgage loan; (b) Bank of America „bid“ $a hundredK at the sheriff’s sale (after which offered to cancel the mortgage in change for the property); and (c) the owner didn’t redeem the property-then the following Quicken Loans‘ loan and the IRS lien shall be extinguished. Bank of America will own the property outright.
If, alternatively, a) Bank of America foreclosed on the $a hundredK mortgage loan; (b) Bank of America „bid“ $100K on the sheriff’s sale (and then offered to cancel the mortgage in change for the property); and (c) the owner did redeem the property -then the subsequent Quicken Loans‘ loan and the IRS lien remain an encumbrance against the property. If somebody purchased the property through the redemption period, even in a brief sale, that particular person would have paid something to the owner to buy the property but would have actually bought property nonetheless topic to the $50K secured equity line and the $100K IRS lien. Only the entire running of the redemption period extinguishes subsequent liens, mortgages, and encumbrances unless those subsequent lenders or lien holders agree to release their curiosity within the property. If you’re nonetheless dealing with the owner of foreclosed property, the property is undoubtedly still within the redemption period-and therefore you MUST BEWARE!!
It’s crucial that purchasers of real estate receive title insurance and the wisdom of a superb title insurance company. As they say, „If it’s too good to be true, then it probably is not true.“ While in most real estate offers the seller pays for the title insurance, there may be nothing to stop a purchaser from obtaining title insurance himself. At the minimum, a purchaser should receive a title search of the property (present to the date of sale) earlier than any purchase.