Frequently Asked Questions (FAQ)
Borrowers and Sellers
Who do you represent at my closing?
What other services do you provide to the lending institution?
What other items are included in my closing costs?
What is title insurance?
Since the closing attorney must certify the title, why would I also want title insurance?
What is the likelihood that a title defect will appear?
What items should I bring to the closing if I'm selling my home?
What items should I bring to the closing if I'm buying a home?
Loan Originators
Why should I choose Bankers Title & Escrow Agency to close my mortgages?
What is the end-product will my client will see?
Borrowers and Sellers
Who do you represent at my closing?
In a standard transaction, represent the lending
institution that has agreed to take your mortgage as a security interest in
your property in return for their commitment to finance your purchase or refinance.
Our interest is in making your closing hassle-free while also ensuring that
it is conducted properly and according to the lender's instructions. However,
we are more than happy to represent the interests of a buyer or seller independent
from the role of the lender's attorney.
What other services do you provide to the lending
institution?
In many states, including Ohio, the attorney
who represents the bank is required by law to search the title at the Registry
of Deeds to the property that is being mortgaged and to certify that the buyer
has a good, clear, record and marketable title. The buyer must pay the legal
fees for the title examination and certification as part of the closing costs.
We also act as an escrow agent to collect and disburse all of the proceeds and
payments resulting from the closing, whether it be for a sale or refinance.
We will obtain and make your mortgage payoffs and pay on your behalf any creditor
you wish to or are required to include in your closing costs (credit cards,
car loans, taxes, etc.).
What other items are included in my closing costs?
Our closing costs for a refinance and a purchase
will include fees for processing, application, credit reports, tax services, courier
costs, and document preparation, as well as prepaid interest for the days between
the closing until the month before your first mortgage payment is due. Other costs
may include escrow items such as homeowner's insurance (also known as hazard insurance)
and municipal taxes. Recording fees are required to pay for the costs of recording
mortgages and deeds at your county's Registry of Deeds.
As a seller, your biggest closing cost will typically be your real estate broker's
fee or commission. This can typically be from 4-8% of the contract sales price.
In many states, including Ohio, the seller also pays for conveyance fee required
to transfer ownership.
What is title insurance?
Title insurance insures that your title is
good both on and off the record, is not limited to the 50 year period required
to be searched by the attorney, and protects against fraud and forgeries within
the record.
The bank will require that the buyer purchase title insurance from an approved
title insurance company to insure its mortgage. This is known as Lender's Title
Insurance. The buyer must pay the premium even though the policy only benefits
the bank. However, at the closing the buyer has the opportunity to purchase
Owner's Title Insurance that will benefit the buyer.
Since the closing attorney must certify the title,
why would I also want title insurance?
The attorney's certification is based
only on the record title for the last 50 years. If a defect does not appear
on the record during this time period or appears beyond that time period, the
attorney is not liable. Additionally, the attorney is not liable for fraudulent
and forged documents that appear on the record.
What is the likelihood that a title defect will appear?
The likelihood is not great, but the financial ramifications could be devastating.
It is very expensive and time consuming to go to Land Court to cure even simple
title defects.What does title insurance do if a title defect is discovered?
If the insured party is a defendant in a lawsuit involving a covered matter, the
title insurance company hires counsel and pays for the costs of the defense, even
if the action against the insured has no merit. If there is a loss to be paid
under the policy, the title insurance company's reserves will cover it.
What items should I bring to the closing if I'm
selling my home?
Your real estate broker will more than likely
assist you in obtaining the items necessary for the closing. However, if you
are selling your home without the aid of a broker or would just like to know
what is needed, the following list should help.
- Home/pest inspection: this may be required as
part of your purchase and sale agreement or by the buyer's lender - you can
verify with us prior to closing if it is required.
- Deed: a deed must be drafted for your signature
to transfer ownership to the buyer - we can draft deeds for you at a small
cost or your attorney (if you have one) can do it for you.
- Final bills: the closing is the time to ensure
that the seller reimburses the new owners for outstanding utility bills (or
pay them off prior to closing) and for the new owners to reimburse the seller
for any remaining home heating oil and any municipal taxes that have already
been paid by the seller.
- House keys: this may be obvious, but people forget
them all the time.
- Checkbook: having your checkbook with you will
ensure that all bills and balances due between parties can be easily paid
at the closing - thus avoiding any unnecessary delays. If the amount is in
excess of $1000, please bring certified funds (banker's check, money order,
etc.).
- Driver's license: the closing attorney is required
to make a copy of your driver's license. If you do not have a driver's license,
any other government-issued photo ID is acceptable (passport, state identification
card, etc.).
What items should I bring to the closing if I'm buying
a home?
Your real estate agent will more than likely assist
you with the closing process. However, if you are purchasing your home without
the aid of an agent or would just like to know what is needed, the following list
should help.
- Final balance: unless you are financing the entire
cost of your new home, you will likely have to pay the balance of the transaction
at closing. We can provide you with the final figure in the day or two prior
to the closing. We accept banker's checks in your name or made out to us as
the escrow agent.
- Checkbook: having your checkbook with you will
ensure that all bills and balances due between parties can be easily paid
at the closing - thus avoiding any unnecessary delays. If the amount is in
excess of $1000, please bring certified funds (banker's check, money order,
etc.).
- Driver's license: the closing attorney is required
to make a copy of your driver's license. If you do not have a driver's license,
any other government-issued photo ID is acceptable (passports, state identification
cards, etc.).
Loan Originators
Why should I choose Bankers Title & Escrow Agency
to close my mortgages?
There a several reasons why you should choose
Bankers Title & Escrow Agency to close your loans. We provide an efficient,
low-cost, seamless closing product that will help you grow your business and
improve client relations. This product begins with our pre-closing departments and runs through to completion
with our closing attorneys and post-closing departments following up on all
aspects of your loan.
We will order all titles, insurance binders, payoffs, surveys, and inspections
that are necessary for the closing to occur. Our normal title policy turnaround
is 1-3 days, but we can rush one to completion in 24 hours if necessary. We will fax the HUDs to you as soon as completed in order to verify figures,
make any necessary changes, and to obtain final approval prior to closing. Our closing costs are significantly lower than traditional law firms and other
title and escrow companies.
What is the end-product will my client will see?
Your clients will receive the highest levels of
attention to their needs and questions from the beginning of the process all the
way through disbursement. We will provide to every client a clean, bound copy of every document which they
sign at closing to keep for their records. |