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Understanding the Home Mortgage Loan Closing Process: Title Insurance

As you go about the process of seeking a home to purchase and finding the most appropriate home mortgage loan, you likely have many questions. Indeed, many of the questions and concerns that you likely do have probably center around the home mortgage loan closing process.

In many instances, the home loan mortgage closing process can be confusing and can seem complicated -- particularly if this is the first tim ethat you’ve purchase real estate. Through this article you are provided with some basic and necessary information about the home loan closing process. Specifically, this article answers your questions in regard to title insurance. With the information that is provided to you in this article, you will be in a better position to understand the closing process and the role title insurance plays in the sale and purchase of a home (or in the sale and purchase of any other type of real estate).

What is Title Insurance?

After a real estate sales agreement is entered into, but before the closing occurs, a title search is undertaken. The purpose of the title search is to determine that there are no defects to the title, that there are no encumbrances on the title that will prevent a free and clear (fee simple) transfer of the real estate from the seller to the buyer.

Title insurance is a type of insurance that protects against the possibility that some defects on or to the title are no properly discovered. The title insurance protects the seller against any expenses or losses that he or she will suffer as a result of the problem or defect associated with the title insurance.


 


 

The Title Insurance Agent

The title insurance agent is a special type of insurance agent that deals in providing consumers with title insurance. As part of the process of issuing title insurance to a consumer as part of the home loan process, the title insurance agent and title insurance company will undertake an actual title search to make certain that the title to the real estate is free and clear of any encumbrances.

How Title Insurance Works

As mentioned previously, title insurance provides a consumer with protection should a defect in the title to real estate be discovered after the closing has occurred and after ownership of the real estate has transferred from the seller to the buyer.

Who Pays for Title Insurance?

In most instances, the buyer is the person who ends up paying the costs associated with title insurance. This cost associated with the closing on a home loan is open to negotiation, however. There certainly are instances in which a seller will pay the costs associated with title insurance. This will be one of the elements that will be negotiated during the real estate sale and home loan closing process.




 

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