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What can Contracts2Keys do for me?
Contracts2Keys
is a service of the Law Offices of
Bradley Morris, so you are working
with a law firm. Contracts2Keys is a
practice area within the law firm that
focuses on real estate transactions.
Through our experienced staff, we
have developed a system to
streamline the closing process to
make it fast, uncomplicated and
cost-effective for buyers and
sellers, as well as the real estate
agents and mortgage brokers
involved.
Contracts2Keys
coordinates all the work necessary
for the closing, including
preparing, reviewing, and filing all
the necessary documents such as the
contract and deed, reviewing title
and obtaining title insurance,
working with your bank to prepare
loan documents and/or obtain loan
payoffs, as well as negotiating with
the attorney representing the other
party to resolve any issues that
arise. In short, we handle all
aspects of the closing process from
preparing the contract, to making
sure the buyer gets the keys to the
front door.
What is a closing and what is the process?
Basically, the
closing is the time when the buyer
pays the seller the money for the
home or property, and the seller
gives the buyer the deed showing that
the buyer is the new owner. It all
sounds simple, but there is a lot of
work leading up to that event and
taking place afterwards. All that work
is part of the closing process, and it
starts with preparing the contract
and usually ends when the deed to
the property is recorded on the land
records.
What is the contract and who prepares it?
After the
parties agree on the basic terms of
a real estate transaction, a
contract is prepared that puts those
terms in writing. Typically, the
seller’s attorney will prepare the
contract, but in some parts of
Connecticut the custom is that the
real estate agent prepares the
contract if the transaction is for
residential real estate.
The contract
spells out the basic terms the
parties have agreed on, and includes
many other very important terms that
the parties may not have thought
about. In a contract for the sale of
a home, the contract typically
include terms such as the purchase
price, when deposits have to be
paid, how title will be conveyed,
dates for inspections and obtaining
a mortgage, how problems that arise
will be handled prior to closing,
and the anticipated date of the
closing. In a contract for the
purchase of raw land, a business,
commercial or industrial real
estate, the terms vary greatly
depending on the nature of the
transaction. No matter who prepares
your contract, always read it and,
most importantly, make sure you
understand it. If you have any
questions, ask a Contracts2Keys
attorney to explain it.
What is title insurance?
If you are
getting a loan to buy real estate,
then the bank will most likely
require you to purchase for them
what is called title insurance. A
title insurance policy is a type of
insurance policy, like a car
insurance policy or home owner’s
insurance policy. Unlike car and
homeowners insurance policies, a
title insurance policy insures you
against certain losses that may
arise relating to the title to your
property. A policy of title
insurance insures that you actually
own the property, and you are not
subject to the interests of another
person.
For instance,
suppose you receive a letter or a
knock on your door and someone tells
you that the deed to your home is a
forgery. Or suppose you receive a
letter from the local taxing
authority informing you that they
are about to auction off your home,
because the prior owners failed to
pay their real estate taxes. What if
you learn that your neighbor's fence
or garage is actually built on your
property, or vice-versa?
Title
insurance protects you against
having to make expenditures on your
own if any of these or similar
events occur, provided that your
policy contains no exceptions or
exclusions for those events. If the
information upon which the title
insurance is based is incorrect, and
a claim is asserted against your
ownership of the home, then the
policy indemnifies or protects you
from experiencing a financial loss
directly attributable to the covered
claim.
Why is title insurance important?
With auto
insurance, you protect yourself
against experiencing financial
consequences of an automobile
accident. With homeowners insurance,
you protect yourself and your family
against having to shoulder the full
cost of rebuilding if your home and
possessions are destroyed by fire or
by another catastrophe. When you buy
an owner's title insurance policy,
you are protecting yourself and your
family against claims to the title
(ownership) of your home. Your home
will be there for you and your
family - a place to live, and a
guaranteed investment for your
retirement and future.
Does the bank's policy cover me?
The short
answer is "No."
There are two
kinds of title insurance policies: a
fee or owner's policy and a
mortgagee or lender's policy. If a
claim arises from a covered loss,
the bank or lender will be paid in
accordance with the terms of the
mortgagee or lender's insurance
policy. However, just as a life
insurance policy on someone else's
life does not provide any coverage
to your family, the bank's title
insurance policy will not protect
you if there is a loss.
For example,
if your deed turns out to be a
forgery, the mortgage policy will
cover the bank and pay off your
mortgage. Unless you have purchased
a fee or owner's title policy, you
will not be paid anything for the
loss of your home, your largest
financial asset for a single. For a
one-time
premium, you are covered for as long
as you own your property.
Contracts2Keys highly recommends
that its client's purchase an owner’s
title insurance policy to protect
them from potential loss.
How do I purchase title insurance?
Before you
close on the purchase of your home
or real estate, Contracts2Keys will
ask a title company to examine or
search the title. The searcher or
examiner looks at the public records
in the local courthouse, and various
municipal and local governmental offices having jurisdiction over the
real property to determine the
status of the property's title. This
search or examination will uncover
any judgments, mortgages, taxes,
assessments, charges, or other liens
which may encumber or adversely affect the property's title. In
particular, a historical search or
examination will be made of the
prior owners of the property. This
will determine whether they had
"good" title to the property, or
whether they did anything during
their ownership of the real property
to encumber or adversely affect the
property's title.
Once the
examiner or searcher has completed
this process, the title company will
compile the information and prepare
a Certificate or Commitment that
reports on the status of title. The
Certificate or Commitment will list
as exceptions or exclusions to title
all encumbrances, liens, or other
adverse matters that were found.
This process is completed before you
purchase the property. If these
matters are not cleared up or
resolved by the end of the closing
or settlement, the matters will be
excepted from the coverage provided
by the title policy, and the policy
will not cover any loss caused by or
arising from the excepted matters.
Unless the
title company takes a specific
exception in the title policy, the
policy will protect you from having
a financial loss because of, or
arising from, matters such as
someone else owning your home, a
forgery or fraud in the prior title,
lack of legal access to the
property, or the existence of
undisclosed liens such as taxes,
mortgages, assessments or charges,
as well as many other matters which
affect the ownership of the property.
If someone
makes a valid claim under the
policy, the title policy company
protects you by defending your
interest in any court case and
paying the costs, attorney fees and
expenses incurred in that defense.
If the court finds the claim valid,
and there is coverage under the
policy for the claim, the title
company will pay the cost of your
claim up to the amount of the policy
or will undertake, at its own
expense, the responsibility of
correcting the problem.
Unlike all
other forms of insurance, for title
insurance you pay only one premium
at the time of closing or
settlement. In addition, if you
purchase an owner's and mortgage
policy at the same time, you may be
entitled to a substantial discount
in the cost.
What is the APR?
The APR,
Annual Percentage Rate, is the
annual rate of interest that is
charged for borrowing, expressed as
a single percentage number, that
represents the actual yearly cost of
the money you borrowed over the term
or life of a loan. This includes any
fees or additional costs associated
with the transaction.
What is Private Mortgage Insurance?
Private
mortgage insurance, PMI, is a type
of insurance
that allows mortgage lenders to
recover part of their financial losses
if a borrower fails to fully re-pay
a loan. PMI is usually only required
if the down payment is less that 20%
of the appraised value of the
mortgaged property.
What is a Prepayment Penalty?
A prepayment
penalty is money charged for an
early repayment of debt.
What is an Origination Fee?
An origination
fee is a payment associated with the
establishment of a new loan. This
fee is paid to the bank or the
mortgage broker that provides the
loan or services associated with
taking out a loan.
What are typical closing costs for a purchaser?
Typical
closing costs for a purchaser might
include title search, title
insurance, recording fees, survey
fee, mortgage application fee,
points, appraisal fees, inspection
fees, home warranties, property
insurance; pro-rated property taxes,
and pro-rated homeowner association's
dues.
What are typical closing costs for a seller?
Typical
closing costs for a seller might
include transaction stamps and/or
taxes and brokerage commissions. |