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With a clear title, there’s no doubt who the owner of the property is, or who can claim legal ownership of the property. To get a mortgage, lenders require a thorough title search of local ...
In this foreclosure, the sheriff then issues a deed to the winning bidder at auction. Banks and other institutional lenders may bid in the amount of the owed debt at the sale but there are a number of other factors that may influence the bid, and if no other buyers step forward the lender receives title to the real property in return.
[19] Under title theory, a mortgage has the effect of a deed passing legal title, though conditionally, of the mortgaged property to the mortgagee (the lender in a loan agreement being secured by the mortgage), with so-called "equitable title" (which is really equity of redemption) being retained by the mortgagor (the borrower in the loan). The ...
The title insurance company issues a report and an insurance policy in support of its findings. However, title searches are most often carried out before contracting is completed between parties, and sometimes during the escrow phase of a closing. There are a variety of title searches which provide the customer with a report, but no insurance.
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There are two types of title insurance: a mandatory lender's policy, whose cost is based on the mortgage amount, and an optional owner's policy, whose cost is based on the home purchase price.
On this day, the seller may also deliver possession to the buyer, typically by giving the buyer keys to the property. [10] Post closing: The signed documents are recorded at the recording office. [11] Title insurance is issued during this time. The loan is funded on the funding date and the money is disbursed from escrow on the disbursement date.
Section 341a of the Act (codified in Title 12, U.S. Code, Section 1701j-3) makes the enforceability of due-on-sale provisions a federal issue and provides that if real estate loan documents contain a due-on-sale provision, that provision is enforceable if the property securing the loan is transferred without the lender's consent. Institutional ...
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