what's expected of the seller
Mortgage Payoff Information
The seller is required to payoff any and all existing liens on the subject
property, and provide Stewart Title Company Tennessee Division with the names, phone numbers
and loan amounts for all current mortgage holders. It is necessary to supply
this information as soon as possible as it can take up to five to seven business
days to obtain the payoffs.
Termite Inspection Letter
It is the seller’s responsibility to have a termite company inspect the
subject property for termites and provide a clear Termite Inspection Letter.
If the termite inspector detects termites or termite damage, the seller is
required to have the property treated and/or repair the damage. The termite
company then needs to reissue a clear letter. The termite letter should to
be faxed to Stewart Title Company Tennessee Division to obtain approval from the lender that
the letter is acceptable. Along with the letter, the seller must fax a copy
of the invoice in order for Stewart Title Company Tennessee Division to prepare the final
closing figures.
Health Inspection Letter (Septic System)
If the property is not connected to a main sewer line, the seller is required
to provide a Health Letter from the County Health Dept. stating that the septic
system is sufficient and working properly. It can sometimes take up to 30 days
to obtain this letter.
Cashier's Check
If the seller must bring funds to the closing, a cashier's check will be required
for the full amount payable to Stewart Title Company Tennessee Division.
Identification
At closing, the seller must provide some form of identification that discloses
their picture and signature.
Contractual Obligations
The sales contract should contain all agreements between the buyer
and seller and must be signed and any changes initialed by both parties.
Stewart Title Company Tennessee Division prepares and conducts the closing only according to the terms
agreed upon in the contract. If there are any questions about the contract,
they should be discussed with the real estate agent. If possible, it always
best to get any issues resolved before getting to the closing table.
Miscellaneous
If anyone involved in the transaction cannot be attend the closing, the seller
must notify Stewart Title Company Tennessee Division at least three days prior to closing.
The absent person is required to execute a "Specific Power of Attorney" to
appoint someone to sign on their behalf in order to allow the closing to continue
without that person being present.
If anyone involved in the transaction is in the process of bankruptcy, divorce
or any other court proceedings, they must notify Stewart Title Company Tennessee Division
as soon as possible. If any of the property owners are deceased, a Will and/or
a Death Certificate will be required. If there is not a Will, an Affidavit
of Heirship will be required to attest that the named sellers are the only
heirs of the deceased. If any of the property owners are minors, court approval
will need to be obtained. These issues could take time to resolve and need
to be handled prior to closing.
If the seller is the sole owner of the subject property and is married, the
spouse is required to sign the Warranty Deed to convey any rights they may
have in the property. That spouse also needs to provide a copy of their Driver's
License, or some other form of identification that discloses their picture
and signature.
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