Closer's Corner

Closer's Corner

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Understanding the Funding Process

Wed, 08/31/2022 - 1:33pm

One of the most important times in a closing is when the transaction finally funds! That is the time when ownership transfers from the seller to the buyer and there is a lot that goes on behind the scenes to get funding accomplished.  

WHAT HAPPENS DURING THE FUNDING PROCESS? 
First, it is important to understand that working on funding only happens after all parties have signed.  As a real estate agent you want to try and schedule your closings for early in the day (ideally before lunch time) if you are trying to close and fund in the same day.  

What a Realtor Should Know About Divorce and Title Insurance

Tue, 05/31/2022 - 2:19pm

If you’ve ever received a title commitment back from your title company showing a requirement related to a divorce for your client you’ve likely wondered why there are additional requirements being made on your Schedule C.  In order for a title company to rely on a client’s divorce decree the decree itself must contain some very important language. If the decree is incomplete a warranty deed from the ex-spouse can be required which often results in an unhappy experience for your clients.  The article below discusses a few scenarios that can create delays in getting to closing.

Homeowners’ Associations: How Can They Affect a Transaction?

Mon, 05/02/2022 - 6:26am

What is an HOA?
A homeowner’s association (HOA) is an organization in a subdivision, planned community, or condominium building that makes and enforces rules for the properties and its residents. Those who purchase property within an HOA’s jurisdiction automatically become members and are required to pay dues, known as HOA fees. Some associations can be very restrictive about what members can do with their properties.

Guardianship

Mon, 02/28/2022 - 11:38pm

The need for a guardianship in a real estate transaction can arise in several ways.  If someone in title is a minor child (likely through inheritance) a type of guardianship is needed.  We may also need a guardianship if there is a mental competency issue with a seller.  

DEFINITIONS
A guardianship is a court proceeding to protect the interest of someone who is not legally or mentally capable of conducting his/her own affairs. This is the process where a guardian is appointed for another person to handle the ward’s personal or business affairs.

Common Closing Delays

Mon, 01/31/2022 - 12:29pm

In this month’s Closer’s Corner we review the top items that can occur that run the risk of delaying your closing.  

T-47 & Survey Matters 
When the title company receives the survey and the Residential Real Property Affidavit (“T-47”) to review up front we are looking to see what changes, if any, have happened on the property so that we know if we can use the existing survey for closing or if a new survey is required.  The part of the affidavit that we review in full is question #4 which states: 

Mechanic’s Liens

Mon, 01/03/2022 - 6:45am

When a contractor performs work on a property they gain the right to file a lien affidavit if they are unpaid.  The mere fact that they worked on the property starts their right to file that lien.  They are not required to file anything in the official public records documenting their work.  

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