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Providing Title Insurance after a “no consideration” deed

Quit Claim Deed

In this post we will discuss a type of quit claim deed the “no consideration” deed. There is cause for concern whenever such a deed pops up in the chain and many a client just does not understand what the issues is. When we encounter a deed in the chain of title to a property for which the grantee did not pay for his interest, our fear is that there may be fraud or forgery involved in the transfer of title. Remember on our side of the transaction it is our job to be skeptical.  Often, the deed may appear to transfer title from … [Read more...]

CFPB on Multiple GFE’s and Changes of Circumstance

Consumer Financial Protection Bureau

Recently the Consumer Financial Protection Bureau submitted comments in regards to the issuance of needless GFE's. Supposedly pursuant to the 2008 RESPA rule requiring the reissuing of a Good Faith Estimate (GFE) and the mandatory gap closing period many banks have been reissuing GFE's unnecessarily. In short, banks only need to reissue such when the fees in the tolerance section have increased by more then 10%. Recently we have mentioned that the CFBP is creating a combined RESPA and Truth in Lending disclosure form, which will … [Read more...]

Lines of Credit and Title Company Protocol

Line of Credit

Several bankers, realtors and consumers continue to wonder why it is vital that the title insurance company is insistent on making sure a line of credit mortgages is closed prior to closing.  The fact is Home Equity Lines of Credit (HELOC) are a large source of claims in the title insurance industry. A equity line is essentially a revolving line of credit secured by a mortgage on the borrowers property. Most of these loans allow funds to be borrowed, repaid in whole or in part, and then borrowed again. All proceeds however continue … [Read more...]

Mechanic’s Lien Refresher

Mechanic's Lien Coverage

Anytime you are purchasing new construction or a newly rehabbed home or representing someone that is doing such, mechanic's lien coverage should be part and parcel to the conversation regarding Title Insurance.  The issue becomes making sure the Title Company is equipped with the proper waivers, affidavits and documentation in order to supply such coverage.  Verifying such issues early in the process is vital. Issuing Title Insurance against mechanic's liens is a massive  source of claims in the title insurance industry.  This … [Read more...]

Home Owners Insurance – Facts you probably didn’t know

Home Owners Insurance

An Owner's Title Insurance Policy is purchased one time, often at the subject properties initial settlement and is good forever.  The title insurance even protects the buyer's heirs and beneficiaries.  Homeowners insurance, otherwise known as "Hazard Insurance" is much different.  When buying a property most homeowners elect to purchase some form of homeowner's insurance (HOI) policy.  In fact because most home purchasers use a mortgage to finance part of their purchase a HOI policy is a must since the lender requires their … [Read more...]

HARP 2.0 About to assist the “Upside Down Borrower”

House Underwater

Most banks still don't have a set date for when they will be accepting applications for the new HARP 2.0 program, but for those borrowers that the program is aimed to assist it is not to early to start doing the legwork. Banks are slowly putting forth a number of changes that will be implemented individually and are getting systems updated in an effort to be fully ramped up by the end of the 1st quarter. HARP 2.0 was implemented in order to assist those that have been somewhat "upside down" in their mortgage but have maintained … [Read more...]

New HUD1 Form Coming- by CFPB, Provide Feedback asap!

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To all those banks, mortgage companies and realtors you don't have much more time to provide crucial feedback or your thoughts on the newly proposed HUD1 forms. When the new 2010-HUD form came to be you probably got real confused when your title company started telling you that you under-disclosed.  In fact, many banks still have yet to get a grasp on disclosing correctly.  Luckily not much has changed in that regard for the new forms.  The new forms are meant to be more "understandable" to the consumer. The Consumer Financial … [Read more...]

Getting Escrow Funds Released From Settlement

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Yesterday on NJ.com the following article appeared and figured it would be wise to add a few points to it. Getting Escrow Funds Released is no easy deed Sales contracts generally require the seller to convey a marketable title to the purchaser. Moreover a lender will generally require the title to the property securing the loan to be marketable. Sometimes a sales contract will require the seller to convey title in which a reputable title insurance company will insure. There are several reasons why a seller or a purchaser … [Read more...]

Shop for Title Services!

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Just read the following article on Fox News and we couldn't agree more.  We always preach to make sure you shop for the best title insurance quote.  Quotes can change given where you are located but in many states settlement fees can vary by well over $1,000 per title company.  It is vital to shop early in the process as to not upset the parties involved but at the same time understand you should not be at the mercy of your realtor  or banker.  As the consumer you control whom the title insurance company is it is important that … [Read more...]

How Do I Choose a Title Company?

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How Do I Choose A Title Company? Most consumers don’t even realize what Title Insurance really is. Many consumers don’t know they even need a title company until they were told so by their bank or realtor. The fact you are actually conducting due diligence in your search for a title insurance company is an important step.  First off you are on the right path to guarantee your transaction goes smoothly and you have the adequate 3rd party protection and security that you as a consumer deserve. How Do I Choose A Title … [Read more...]