The Collaborative Knowledge Article and Video Project about Buying and Selling a Home. With your writings, edits and uploads we can help people successfully complete what is probably the largest transaction in their lives, and avoid making costly mistakes. Both agents and consumers, we need your help to build this free resource.
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Title Insurance
• Refinancing is no different from the original loan to the lender
• A lender’s policy is valid only for the life of the loan, a homeowner’s policy stays valid as long as you own your home
• New liens could have emerged since you bought your home
• Discounts may be available for refinancing
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• Protects your ownership to the property
• Protects your lender’s investment in your home loan
• A title company will search records for any possible clouds on your title – title companies focus on risk prevention, not reimbursement for damages
• Any problems that arise later will be dealt with by the title company
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In California, responsibility for title costs varies by county. You always have the option to negotiate title cost payment when buying or selling property, but here is a list by county of who normally pays title costs:
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• Only the trustee can own or control real property for the trust
• A title company requires some paperwork for trusts holding titles
• A trustees actions are limited by the trust agreement
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• Report created by Title Company prior to issuing of title insurance
• Work on a Preliminary Report begins just after escrow opens
• IS NOT title insurance, just a report
• Title Companies can still protect your interests through “binders” and “commitments” prior to the closing of the transaction
• Look for the extent of your ownership rights on the Report
• Includes a listing liens and encumbrances that won’t be covered
• Liens and encumbrances that are covered will not be on the Report
• Work with the seller and seller’s agent to clear liens prior to purchase
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• Title Companies focus on risk elimination
• One-time premium to eliminate risks before they can happen
• Title Companies search records to make sure there are no other claims to the property
• Most fees go to pay for this labor-intensive process
• Title Companies are required to post their fees
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• Protects owners and lenders from ownership disputes
• Two types: owner’s and lender’s
• Most lenders require lender’s title insurance
• Rules on who pays title insurance vary from county to county
• Rates vary – do some comparison shopping
• Many title companies offer discounts for various reasons
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• Primitive system under Mexican government
• First legislature in 1850 created new title record system
• A new title industry followed this legislation
• Abstractors hired to do work delegated by attorneys, mirroring system already in place in other states
• Abstract system fell out of use because it was too ponderous – replaced by title certificate system beginning in 1870s
• Real estate boom in 1886-1887 in Los Angeles
• Impetus from legal decision allowing corporations to insure titles
• Insurance commissioner given oversight over title insurers in 1887
• Pioneering companies: California Pacific Title Insurance Company of San Francisco and Title Insurance Trust Company of Los Angeles
• Escrow began in the 1890s
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