Title & Escrow FAQs
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Settlement, also called closing, is the culmination of the escrow process where ownership of the property officially transfers from seller to buyer. This event involves several coordinated steps that we orchestrate to ensure a smooth and legally compliant transfer.
Prior to closing, all parties sign their respective documents, either at a scheduled signing appointment or through remote signing options where available. Buyers execute loan documents, the deed, and various affidavits and disclosures. Sellers sign the deed transferring ownership, closing statements, and any required affidavits.
On the day of closing, we verify that all funds have been received—including the buyer’s down payment and closing costs, and the lender’s loan funds. We confirm that all documents have been properly executed and that any outstanding conditions have been satisfied.
Once all conditions are met, we record the deed and mortgage documents with the county recorder’s office. Recording establishes the new ownership as a matter of public record and determines the priority of the mortgage lien. After receiving confirmation of recording, we disburse funds according to the settlement statement and officially close the file.
Buyers typically receive keys after recording is confirmed, though specific timing depends on the terms of your purchase agreement and local customs.
Closing costs are divided between buyers and sellers according to your purchase agreement terms, local customs, and the nature of each expense. While certain costs are traditionally paid by one party, almost everything is negotiable in a real estate transaction.
Costs typically paid by buyers include loan-related fees, title insurance premiums for both lender’s and owner’s policies in many states, prepaid items like insurance and tax reserves, recording fees for the deed and mortgage, and various settlement charges.
Costs typically paid by sellers include real estate agent commissions, transfer taxes in many jurisdictions, their share of prorated property taxes, any mortgage payoff amounts, and costs to cure title issues that existed before the sale.
Negotiated items: Purchase agreements often include provisions for seller credits toward buyer closing costs, which can help buyers manage out-of-pocket expenses. In buyer’s markets, sellers may offer to pay more closing costs to attract buyers. In seller’s markets, buyers may offer to cover costs typically paid by sellers to strengthen their offer.
Regional customs vary significantly—in some areas, sellers customarily pay for owner’s title insurance, while in others buyers pay. Your real estate agent can advise you on local expectations, and we can explain which costs you’ll see on your side of the settlement statement based on your specific agreement and location.
Document errors do occur despite careful preparation, and how they’re handled depends on when the error is discovered and its nature. Rest assured that errors can be corrected—they don’t derail your closing when caught in time.
Errors discovered before signing: When you review documents in advance and identify an error, contact us immediately. We work with the lender (if applicable) and document preparers to issue corrected documents. Simple corrections may take only a few hours; more significant changes may require a revised Closing Disclosure, which could trigger a new three-day waiting period.
Errors discovered during signing: If an error is noticed at your signing appointment, the course of action depends on its severity. Minor typographical errors may be corrected on the spot using approved correction methods. More significant errors may require postponing signing until corrected documents are prepared.
Errors discovered after closing: If an error is found after documents are signed or recorded, correction procedures exist. Corrective documents such as correction deeds, affidavits of scrivener’s error, or amended mortgages can be prepared and recorded to fix the public record. The title company works with all parties to prepare and execute necessary corrections.
Types of errors and their impact: Misspelled names, incorrect addresses, wrong amounts, and missing signatures are common errors. Some errors affect document validity or title insurance coverage and must be corrected; others are minor inconveniences that can be addressed at leisure.
Our quality control processes are designed to minimize errors, but we have well-established procedures to address any that occur.
Yes, refinance transactions require you to sign loan documents, though you may have options for how and where the signing occurs.
In-office signing: You can visit our office at a scheduled appointment time to sign with our notary. This traditional option works well if our location is convenient for you.
Mobile notary signing: If you prefer to sign at your home, office, or another location, we can arrange for a mobile notary to come to you. Mobile signing fees typically apply but provide convenience and flexibility.
Remote online notarization (RON): If available in your state and approved by your lender, you may be able to complete your entire refinance signing online via secure video conference. This option allows you to sign from anywhere with adequate technology.
Signing appointment duration: Refinance signing appointments typically take 30 to 45 minutes. The package includes your new loan documents, disclosures, and various certifications. Our notary guides you through each document and answers questions.
Who must attend: All borrowers on the new loan must sign. Non-borrowing spouses may need to sign certain documents depending on state law, even if they are not on the loan or title.
Scheduling flexibility: We offer signing appointments during business hours and may accommodate early morning, evening, or weekend appointments based on availability. Let us know your scheduling constraints and we’ll work to accommodate your needs.
Title insurance is a specialized form of indemnity insurance that protects property owners and mortgage lenders against financial loss arising from defects in a property’s title that existed prior to the policy’s effective date. Unlike traditional insurance policies that protect against future events, title insurance provides coverage for past occurrences that may not have been discovered during the title search process.
You need title insurance because even the most thorough title search cannot guarantee that every potential issue has been uncovered. Hidden risks such as forged signatures on prior deeds, undisclosed heirs with ownership claims, recording errors at the county level, or fraudulent impersonations of previous owners can surface years after your purchase. Without title insurance, you could face expensive legal battles to defend your ownership rights or, in worst-case scenarios, lose your property entirely.
Title insurance provides peace of mind by offering both legal defense coverage and financial protection up to your policy limits, ensuring that your investment in real estate remains secure.
The documents you sign at closing vary based on whether you are the buyer or seller and whether the transaction involves financing, but all parties can expect to review and execute multiple important legal instruments.
Buyers with financing will sign a substantial loan package including the promissory note (your promise to repay the loan), the deed of trust or mortgage (which creates the lender’s security interest), the Closing Disclosure (itemizing loan terms and all closing costs), and various federal and state disclosures required by lending regulations. Buyers also sign the settlement statement, title affidavits, and may sign the deed in states where buyers execute this document.
Sellers sign the deed conveying ownership to the buyer, the settlement statement reflecting their proceeds and costs, affidavits regarding property condition and ownership status, and any documents required to release existing liens. If paying off an existing mortgage, sellers authorize the payoff from their proceeds.
All parties typically sign transfer tax declarations, IRS reporting forms, and various certifications. Our escrow team reviews each document with you, explains its purpose, and ensures you understand what you are signing. We encourage questions and can schedule additional review time if you would like to examine documents more thoroughly before signing.
Title and escrow charges encompass the fees for services provided by your title company to search the title, issue insurance, and coordinate the closing. Understanding these components helps you evaluate your settlement statement and ensure you’re receiving appropriate value.
Title-related fees include the title search and examination fee, which covers researching public records to establish ownership history and identify any issues; title insurance premiums for both lender’s and owner’s policies; and endorsement fees for any additional coverage enhancements. Some transactions require special searches such as municipal lien searches, UCC searches for personal property, or tax certificate fees.
Escrow and settlement fees cover the administrative services of coordinating your transaction, including opening and managing the escrow file, preparing settlement documents, coordinating with lenders and agents, facilitating the signing appointment, processing and disbursing funds, and recording documents with the county.
Additional fees may include wire transfer fees for sending and receiving funds, courier or delivery charges, notary fees, and document preparation fees. Recording fees paid to the county for filing the deed and mortgage are typically passed through at cost.
Our commitment to transparency means you’ll receive a clear breakdown of all title and escrow charges. We’re happy to explain any line item and help you understand the services behind each fee.
Not all signatures require notarization—only certain documents with specific legal requirements must be notarized, while others simply need witnessed signatures or no witnessing at all.
Documents typically requiring notarization include the deed transferring property, deed of trust or mortgage securing the loan, any document that will be recorded in county land records, and certain affidavits and acknowledgments. These documents require notarization either by law (for recording eligibility) or by lender requirement (for enforceability).
Documents typically not requiring notarization include many of the disclosures in your loan package, tax forms and IRS authorizations, settlement statements in most cases, and various acknowledgment forms. These documents require your signature but are valid without notarization.
The notary’s role at your signing: During your closing appointment, the notary guides you through the documents and indicates which require notarization. For notarized documents, the notary verifies your identity, has you sign in their presence, and affixes their seal and signature. For other documents, you simply sign where indicated.
Some documents require witnesses in addition to or instead of notarization, depending on state law. The closing process accommodates these requirements seamlessly.
Whether notarized or not, take each signature seriously—every document in your closing package serves a purpose, and your signature indicates your agreement to its terms.
Refinance signing packages include documents establishing your new loan terms, disclosures required by federal and state law, and title-related documents confirming your ownership and lien status.
Core loan documents: You will sign the promissory note, which is your promise to repay the loan according to stated terms, and the mortgage or deed of trust, which gives the lender a security interest in your property. These are the fundamental documents creating your new loan.
Federal disclosures: The Closing Disclosure itemizes your loan terms, interest rate, monthly payment, and all closing costs. Various Truth in Lending disclosures explain your loan features and rights. If you have an adjustable-rate mortgage, additional disclosures explain how rate adjustments work.
Right of rescission: For primary residence refinances, you receive rescission notices explaining your three-day right to cancel. You acknowledge receipt of these notices, which starts the rescission period clock.
Title documents: You sign affidavits confirming your identity and property ownership status. If there are any matters to be addressed in the title work, additional documents may be required.
Compliance documents: IRS Form 4506 authorizes the lender to obtain tax transcripts. Various certifications confirm information in your loan application. First payment letters confirm when your first payment is due.
Additional documents may be required based on your specific loan program, property type, or state requirements. We provide a document summary to help you understand what you’re signing.
