Podcast
Questions and Answers
What should be done if a requirement may affect the marketability of the title?
What should be done if a requirement may affect the marketability of the title?
What is indicated as a best practice about three days prior to closing?
What is indicated as a best practice about three days prior to closing?
What must a payoff statement include to be valid?
What must a payoff statement include to be valid?
Why is it important to update the payoff statement prior to closing?
Why is it important to update the payoff statement prior to closing?
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What specific claim-related issue is mentioned regarding home equity lines of credit (HELOCs)?
What specific claim-related issue is mentioned regarding home equity lines of credit (HELOCs)?
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What is the purpose of Schedule B1 in the title commitment?
What is the purpose of Schedule B1 in the title commitment?
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What happens if a requirement in the title commitment cannot be met but the parties agree to proceed with the closing?
What happens if a requirement in the title commitment cannot be met but the parties agree to proceed with the closing?
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Which of the following is a responsibility of a title agent according to the agency agreement?
Which of the following is a responsibility of a title agent according to the agency agreement?
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What is recommended if a requirement is moved to an exception in the title policy?
What is recommended if a requirement is moved to an exception in the title policy?
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What is one reason it is crucial to inform the lender of your intent to pay off a HELOC?
What is one reason it is crucial to inform the lender of your intent to pay off a HELOC?
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Which document may be necessary for the borrower to sign when closing a HELOC?
Which document may be necessary for the borrower to sign when closing a HELOC?
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What is the best practice regarding the receipt of a signed satisfaction when dealing with private lenders?
What is the best practice regarding the receipt of a signed satisfaction when dealing with private lenders?
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Why is it important to verify that satisfaction has been recorded post-closing?
Why is it important to verify that satisfaction has been recorded post-closing?
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What should be checked regarding the original note before closing?
What should be checked regarding the original note before closing?
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Flashcards
Schedule B1 Requirements
Schedule B1 Requirements
The Schedule B1 requirements outline the steps and conditions that must be met before a title insurance policy can be issued.
Meeting Schedule B1 Requirements
Meeting Schedule B1 Requirements
Items on the Schedule B1 that are fulfilled are removed and not included in the final title policy.
Schedule B Exceptions
Schedule B Exceptions
Requirements that cannot be met but the parties agree to close are moved to Schedule B and become exceptions in the policy.
Written Consent for Exceptions
Written Consent for Exceptions
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Changes in Writing
Changes in Writing
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What happens if a HELOC isn't closed properly?
What happens if a HELOC isn't closed properly?
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How to inform the lender about closing a HELOC?
How to inform the lender about closing a HELOC?
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What steps to ensure HELOC closing is final?
What steps to ensure HELOC closing is final?
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What documentation to gather for final HELOC closure?
What documentation to gather for final HELOC closure?
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Why is a post-closing procedure important for HELOCs?
Why is a post-closing procedure important for HELOCs?
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Payoff Statement
Payoff Statement
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Updating Payoff Statements
Updating Payoff Statements
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Home Equity Line of Credit (HELOC)
Home Equity Line of Credit (HELOC)
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Marking Up a Title Commitment
Marking Up a Title Commitment
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Verifying Loan Numbers
Verifying Loan Numbers
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Study Notes
Title Commitment and Policy Issuance
- Transaction begins with real estate contract, assigning closing agent responsibilities
- Closing agent also acts as escrow agent, with duties outlined in contract
- Contracts exist with lender (loan closing instructions) and underwriter (agency agreement)
- Underwriting guidelines, contacting counsel for approval, and delivering title policy after closing are duties
- Check contracts for duties and obligations; document any unmet obligations in writing
- Commitment Schedule B1 requirements are the roadmap for title policy issuance
- General requirements include purchase price, premium, assessments, taxes
- Specific requirements include deed preparation, mortgage, prior mortgage releases, and liens
- Exceptions to requirements can be documented and noted as such on the policy
- Requirements that affect marketability or title are subject to resolution
- Title commitment status should be marked for each requirement during transaction
- Confirm all requirements are met or will be met at closing (three days prior)
- Payoff statements should be written, addressed, and include definite figures, definite dates, and street addresses
- Payoff statements should include loan number
Payoff Statements and HELOCS
- Payoff statements should be current and updated prior to closing
- Verify payment details, including possible reversals, late fees, penalties, or property taxes
- Confirm correct instructions and amounts, including those for home equity lines of credit (HELOCs)
- HELOCs should be closed properly to prevent further borrowing
- Inform lender of intention to pay off HELOC; obtain forms requiring account closure, mortgage satisfaction
- Verify account closure and record satisfaction upon closing
- Private lender situations might involve additional steps (like obtaining a signed satisfaction)
- Original note should be marked "canceled" to ensure accurate mortgage record
- Recalculate payoff figures meticulously to avoid errors
- Avoid using payoff statements older than x days (x can be between 5-30)
Schedule B-2 Exceptions
- Exceptions to insurability remain in the policy
- Exceptions affecting property remain (deletion possible with conditions); standard exceptions may be removed
- Lender requests deletion of all B2 exceptions are generally not possible
- Gap coverage if closing funds are dispersed within specific timeframes
- Survey coverage depends on the survey completion timeline
- Seller/borrower affidavits show no improvements/parties in possession within last 90 days
- Closing affidavits are important for verifying details (new construction, for example)
Fraudulent Transactions and Wire Transfers
- Fraud cases involving wired funds occur, with closing agents bearing liability
- Closing agents have a duty to protect escrow funds
- Security measures and verifying information are crucial to prevent fraud (guidelines and resources available)
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Description
Test your knowledge on title commitment and policy issuance processes in real estate transactions. This quiz covers key roles, requirements, and documentation involved in handling title policies and ensuring obligations are met. Perfect for real estate professionals and students alike.