Thursday, December 13, 2007

query: what title insurance documents need to be executed at the closing

I have to presume each state may have it's own version, but I would expect to at least have an owner/seller affidavit and a buyer affidavit. These affidavits bind the parties legally to disclosures of issues that would impact the validity of lien position or the title itself. We have to presume that the parties to a transaction, having personal knowledge of their own circumstances would advise the title insurer of items missed in the title search and not resolved on the HUD-1 statement.

For instance, let's say you are selling property and you know you had not yet paid the 2007 school tax. If you did not see this tax dealt with on the HUD-1 you would be obligated to raise the issue with the title insurer.

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