You should obtain the services of a local Real Estate Attorney to provide you with the Purchase and Sale contract, the transfer of title, and the Title Insurance Policy. You need to obtain a Title Insurance Policy to insure that the person transferring title has the proper authority to do so, to insure that no-one prior to this owner has a claim to title on this property, as well as protecting you against any fraudulent conveyance.
If you are financing this property through a mortgage company or bank, the mortgage company or bank may provide an attorney to conduct the mortgage closing and they will require a lender's title insurance policy to protect their interest in the home as collateral.
When obtaining Title Insurance, you have the option to obtain an Owner's Policy, in conjunction with the Lender's Policy. The Lender's Policy only protects the Lender in the event of a claim of ownership by someone other than you. The Owner's Policy protects you, should someone have a claim that the title remains in their name, and that there was a fraudulent conveyance somewhere in the chain of title, you will be able to recoup the money you lost as a result of this prior fraudulent act or error. The Owner's Policy will cost you a little more, but it is well worth it considering that the Lender's Policy only covers the lenders exposure on the mortgage, this does not take into consideration your down-payment and any subsequent value you have created in the home, via renovations, etc.
Remember, this Attorney that the Mortgage Company or Bank recommends represents that Mortgage Company or the Bank, as it relates to the mortgage signing or closing, so you will have to engage this lawyer to provide you with the contract and title services for an additional and separate fee.
Depending on the state in which you are located, an Escrow Company may provide similar services, or they will be able to recommend an attorney that is reputable in that particular area that will be able to assist you in providing the contract and deed. It is very important that you do not attempt to create the contract and transfer title without the assistance of a professional. In today's economy Real Estate fraud is a big concern, and you will want to be sure that you take all necessary precautions to protect yourself, especially when dealing with such a large asset, such as a house.
Answer Submitted on Sat, Jun 13 2009
Rate this Answer: