the closing process
The professionals at Stewart Title of Tennessee work closely with all parties
involved in a closing transaction to ensure that everyone has an efficient
and pleasant experience.
When we receive a title request, a file is immediately opened. Acknowledgement
letters are mailed or e-mailed to the buyer, the buyer’s agent, the lender,
the seller and the seller's agent. These letters let all parties know that
the order has been received, who the contact at Stewart Title of Tennessee
is, and what documentation the buyer and seller must obtain for closing.
The title search department then conducts a search of the county's lien and
land records to determine who owns the property, who has liens on it and if
there are restrictions on how the property can be used by the owner. From this
report, we determine what must be done to clear the title so the purchaser
can obtain a clear and marketable title to the property.
If required by the lender, we also order a mortgage loan survey from a reputable
licensed surveyor. When we receive the drawing, we review it to determine if
all improvements, including buildings and fences, are within the boundary lines
and ensure there are no encroachments of set-back lines or easements.
A payoff of the seller's existing mortgage is ordered from the current lender
to be collected at closing along with payment of property taxes and any other
liens that may appear on the title search. This clears the title for the next
owner.
We then prepare a commitment for title insurance from the information shown
on the title search and fax or e-mail the commitment to the lender for their
review. This provides the lender with pertinent information such as the current
title holder, a correct legal description of the property, any and all easements
and restrictions, and a summary of what is required to transfer title. These
requirements typically include the execution of a Warranty Deed and Deed of
Trust, the payoff and release of any liens or judgments, and the payment of
property taxes.
Upon approval of the loan, the lender notifies the processor assigned to the
file and we arrange a time and location to close with the buyer and their agent.
The lender overnights or e-mails the loan closing paperwork to us and we prepare
the remaining documents needed to complete the package.
On the closing day, our designated closing agent meets with the buyers and
their real estate agent first. The closing agent provides explanations of all
the documents to be signed, and makes sure each term of the contract has been
met. After signatures have been obtained and all of the buyer’s requirements
have been met, the funds for the final amount of closing costs and/or down
payment are collected. Our closing agent then meets with the sellers and their
real estate agent to review their paperwork. After their signatures are obtained
and their requirements met, their net proceeds and real estate commissions
are disbursed and keys exchanged.
After the closing, we disburse the remaining funds to the designated parties
for charges collected on the Settlement Statement, send the original loan closing
package back to the lender, and record the appropriate documents such as the
Warranty Deed, Deed of Trust, Assignment and Release. After the documents are
recorded, we issue the title insurance policies. The original Warranty Deed
and Owners Title Policy are mailed to the new owner and the original Deed of
Trust and the Mortgage Title Policy are sent to the lender. This completes
the closing process.
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