In coordination with our business partner
we offer the title guaranty
and escrow services.
Title Guaranty
Purchasing a home, whether a primary residence or a vacation home, is
usually one of the largest investments made during a lifetime. After
closing on such a significant investment, you want to be certain that
you are protected from potential loss.
One of the least understood but most important aspects of protecting a
real estate investment is making sure that the title to the property is
secure. When purchasing a property, instead of purchasing the actual
building or land what you are really purchasing is the title to the
property, the right to exclusively own, occupy and use the space. Theses
rights that you purchase may be limited by rights and claims asserted by
others, which may limit your use and enjoyment of the property and even
bring financial loss. To be certain that your property is not at risk to
these types of issues its important to acquire a title guaranty.
What is a title guaranty?
Before a purchase of a property, an attorney or other professional
will search the public land records. This search provides a summary of
the known legal status and issues affecting the title to your property.
Often what this search does not provide is a guaranty as to the status
of your title upon purchase. A title guaranty on the other hand provides
a financially backed guaranty as to the status of your title. By
definition a title guaranty is a private contract of indemnity between a
purchaser or lender and a title guaranty company that protects the
holder of the guaranty from issues that may affect the title to the
property, issues like liens, encumbrances, fraud, hidden heirs,
improperly executed documents, etc.
With a title guaranty, the substantial financial resources of a title
guaranty company stand behind your title and offer real peace of mind.
One of the most significant benefits of the title guaranty is that
the escrow company will undertake to defend/clear any claims that arise after the
purchase of the guaranty, including covering the cost of all related
legal defense. In the event of a legitimate claim, the escrow company will pay or
settle with the claimant, up to the insured value of the asset. The
title guaranty is purchased for a one time fee, and once acquired it
protects you as long as you have interest in the property.
Escrow Services
When purchasing a property one of the most important issues to address
for both a buyer and seller is how and under what conditions the funds
will be safely transferred. In an international transaction this issue
is even more important and is often complicated, as both the purchaser
and seller may not be familiar or comfortable having funds deposited in
an unfamiliar jurisdiction or with an unfamiliar attorney or bank.
Utilizing escrow services provides a cost effective solution.
What are escrow services?
Escrow services begin with an escrow agreement which is a written
instrument which by its terms imports a legal obligation. The buyer,
seller and the escrow agent all sign the escrow agreement, which states
the conditions upon which the deposited items/funds may be distributed.
The escrow agreement also stipulates, how, to whom and for which amounts
the deposited funds/items will be distributed. The escrow agreement
cannot be changed unless all parties agree in writing. The delivery in
escrow is without reservation of power to recall, which means that an
escrow agent must act according to the agreed-upon escrow conditions and
disbursement instructions.
The escrow services provide security to both parties to the
transaction: the seller retains a property interest to assure
payment/performance by the buyer and the buyer obtains security that the
property will be his/hers if the conditions in the escrow agreement are
met. Because both buyer and seller agree to the escrow terms before the
transaction, each party is clear of how the transaction will transpire,
and when funds will be distributed and to whom.The escrow
agreements can be applied for any type of real estate transaction, and
can be modified to address issues like construction draws, real estate
commissions, attorney/notary fees, etc.
|