Q: We just bought a new home and we were told by the mortgage company that we had to purchase title insurance. No one has been able to explain what it is exactly. Can you help?
A: Most lenders do require that you purchase title insurance to verify the exact piece of property that will be named in the Deed of Trust between you and your lender. It also insures that there are no other liens on the property that will supersede their Deed of Trust. Title insurance provides for a detailed research of the property you intend to purchase and serves to protect you as well as your lender.
To understand what title insurance is it is helpful to have some insight into the steps taken before issuing the final policy. Once you have an accepted contract between the buyer and seller and have agreed on a closing date your realtor will contact the title company and submit your contract and any other documentation pertinent to this purchase. From this point the title company, which consists of a team of licensed professionals, will begin the process that will eventually lead to the closing table and the buyer taking posession of the property.
A person referred to as an abstractor will research past and present documents pertaining specifically to the piece of property in question that have been filed with the recorder’s office of the county in which the property lies. The abstractor’s job is to assemble the documents representing the history of the property.
Conveyance documents, such as Warranty Deeds, represent the legal transfer of ownership from seller to buyer and are required to be filed with the county recorder’s office. Each one of these documents filed within the designated time frame for the search is carefully read to insure that all persons who posessed right of ownership have relinquished that right through legal means and that the specific parcel of property that you are asking to have insured is included in these documents. All documents such as utility easements, right of way easements, water rights, mineral rights and the like that affect the tract of land specified are also verified and documented.
Past Deeds of Trust are researched and matched with a corresponding release to guarantee that no past deeds encumber the property. All liens, such as mechanics liens or tax liens are also searched for. If any such liens have been filed a release should be filed once the debt is satisfied. The abstractor also checks real estate tax records, any taxes asessed against the property, as with any other outstanding debt is verified and documented.
The next step for the title company is to review the documents and compile a comprehensive report on the property including any outstanding debts. Any and all debts filed against the property prior to this transaction must be satisfied or otherwise noted as an exemption before title insurance will be issued. The final policy insures that the specifically named documents affecting the legally described property exist at the time of being legally conveyed to the buyer with no other encumberances or rights to ownership.
The title company takes on a very important role during the final phase of you real estate purchase making it essential that choose a reputable company. An experienced realtor will be able to answer your questions and help you to choose a reputable title company.
As always please call us 800-348-6642 or send an email with any questions on Title Insurance or Lake of the Ozarks Real Estate in general.

126 Hunter’s Run, Linn Creek

