Closing / Settlement

Q. What is closing?

A. Closing or settlement is the process of completing a real estate transaction. During closing deeds, mortgages, leases or other required instruments are signed or delivered. Furthermore accounting between parties takes place, monies are disbursed, and recording of all pertinent documents is completed.

Q. What do I need to bring to settlement?

A. Each party needs to provide official photo-ID (e.g. drivers license or passport). If you are required to bring funds to the settlement they should be in the form of a cashiers check or wire transfer (made payable to Kansas Secured Title~Shawnee).

Q .How long will settlement take?

A. Usually settlement will take about one hour for a sale, and 40 minutes for a refinance, but this can vary.

Q. What is a HUD Settlement Statement (HUD-1)?

A.This is a summary of the financial portion of the real estate transaction. The HUD lists the purchase price, loan amount and closing costs for both buyer and seller and show all pro-rations and sums to be disbursed by the title company to all parties.


Titles and Title Searches

Q. What is a title?

A. Title is the owner's right(s) to possess and use real property.

Q. Why is transferring title to real estate so unique?

A. Unlike buying a car or television, land title is permanent. While the function of most other forms of insurance is to protect you against losses arising out of unforeseen future events, the primary purpose of title insurance is to eliminate risks and prevent losses caused by past events.

Q. What is a title search?

A.  Based on a search of the public records, a title search determines a property owner's rights. This search includes court, property and tax records. Additionally, the sellers right to transfer ownership is verified, along with claims, defects or other rights that may affect the property.

Q. What kinds of information can a title search reveal?

A. Examples would be: unpaid taxes, unsatisfied mortgages, judgments against the seller and restrictions on the land.


Title Insurance

Q. What is title insurance?

A. Title insurance is a contract to indemnify against losses arising through defects in the title to real estate.

Q. What does title insurance protect against?

A. Some of the most common problems covered include:
      Unfiled or unpaid liens
      Inadequate legal descriptions
      Mistakes in legal documents
      Fraudulent deeds, mortgages, etc.
      Undisclosed or missing heirs
      Deeds by persons of unsound mind

Q. Is a deed proof of ownership?

A. No. A deed is simply a document transferring the right of ownership, whatever that right may be. For example, the property may have changed hands many times since the deed was issued. In addition, liens and claims outstanding against the title won't be shown on a deed.

Q. The property I want to purchase had a title search done within the past year. Do I need another one?

A. Yes - Any number of events could occur in a year which could affect a property's title.

Q. What are the different types of title insurance?

A. Lender's Policy and an Owner's Policy. The Lenders policy is usually a condition of the loan and protects the mortgage lender's security interest in the property up to the value of the policy. The owner's policy covers the purchase price of the property and protects the interest of the real estate owner. When purchasing a property where you are also creating a mortgage, the Owner's & Lender's Policies are issued simultaneously. The title premium is based on the greater of the purchase price or the mortgage amount. You will need both types of coverage

Q. How long does coverage last?

A. You are covered for as long as you or your heirs own the property. Even though the property may be sold, you may still have a legal obligation by virtue of the warranties in the deed conveying the property. The policy insuring you would still be in effect.


Post Closing

Q. What happens after settlement?

A. After settlement, the buyers and sellers job is over. However, Kansas Secured Title will continue working in order to:
  *Audit the settlement and review all documents
  *Comply with the lender's written instructions in returning their                 documents
  *Record the deed, mortgage and other documents with the county
  *Disburse funds as appropriate
  *Issue the title insurance policy and any endorsements required

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