Question Submitted 4/15/2013

If a deed is signed, notarized and fully executed by the grantor but not recorded does title pass to the new homeowner without recording the deed?

BBB's Answer:

This article may assist you but you may want to contact a real estate attorney.

Question Submitted 4/16/2013

We currently have an open claim with the title insurance regarding issues with ROWs and Easements. We are also planning on refinancing for a lower interest rate. Should we continue with the closing before our issues are resolved? We were told that the financing had nothing to do with the title issues but am concerned that it may come back to haunt us. After this month, FHA amounts and length of payment increase and was trying to close before that time.

BBB's Answer:

I believe you should consult your attorney on this to plan what is best for you.

Question Submitted 4/20/2013

How do I find out if we have Title Insurance on our home. Purchased in 2002 using cash, no mortgage.

BBB's Answer:

I would contact a Title Insurance Expert and ask them for assistance on searching and then purchasing title insurance if need be as an Owner. 

Question Submitted 4/28/2013

I am applying for a home equity loan. My house is paid off. The loam is for a very very small amount. I had a previous title insurance police when I had a mortgage. Do I need to have title insurance again for the home equity loan. Going to the bank tomorrow 04/29, so if I can get an answer I would appreciate it.

BBB's Answer:

That really is something to ask your bank and/or mortgage counselor. 

Comment Submitted 5/7/2013

I've defended myself in a title dispute. My title company deny coverage. I purchased a owners policy value @ 95000. I won with no help from my title company. Now, they are willing to settle my claim. I had sold assets to defended myself instead of having the assets of a title company behind me in my defense. Should they be responsible for my loss of assets because I had to defend myself.

Comment Submitted 5/18/2013

Hi, my real estate laywer found a problem in the deed/ title for the condo I am trying to purchase 2 months ago. Basically the currrent owner (seller) used a parking spot as their own but its not showing she owns the parking on the title or deed. so basically after digging it turns out there are various parking spots misrepresented at the entire complex itself making a fixture to the title complex. so basically the resolution offered to me is that they will deed the spot to the owner with the intention of transferring it to me. They will not fix the title however. The deed will show Im the owner however the title will not be fixed by the seller. Is this the correct way to proceed? I know I will be fine living there because the deed matters however when I try to sell it will it be a problem for me even with title insurance (which has been offered to me). I feel that they know this is problem now (title not showing the parking) so why not fix it?!

Question Submitted 6/4/2013

does title insurance coverany structural problem such as a crumbling foundation discovered after closing.

BBB's Answer:

You will need to contact a title insurance expert. 

Comment Submitted 6/13/2013

I am refinancing a house. The taxes have all been paid for 2012 and the one tax so far for 2013 and the title company wants to withold the amount of my 2012 school tax bill (that is paid) and send it to the someone??? for my 2013 school tax bill to be held until we get our bill for 2013 on Sept 1 and due Oct 1 2013? to be sure that I havbe a clear title. They tell me that it is done now for taxes that are due withing 90 days of closing. The problem is that we don't even know what the 2013 tax is going to be and I don't know where they are going to send it--no one will hold money for a tax that is not owed yet or has not even been levied. Am I right?

Question Submitted 6/20/2013

I just recently found out there is a claim against my deed and then found out my title insurance company went out of business. What happens now?

BBB's Answer:

I would hire an attorney that specializes in this field and ask for assistance.  

Question Submitted 6/21/2013

We purchased our home 10 years ago and are interested in refinancing it. How, if at all, does a refinance affect Lender's Title Insurance? The new lender sent us a Fees Worksheet stating $1000 for Lender's Title Insurance and $25 for Title Search. If we paid these fees when we initially purchased the house, do we have to pay them again and why? If so, do we get any type of "refund" or credit from the first time we paid them? Thank you =)

BBB's Answer:

I would ask the bank or your attorney this specific question. 
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