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Landmark Title Company

Title & Closing Questions, Answered

The questions buyers, sellers and homeowners ask most, in one place.

Questions

What is chain of title?

Chain of title is the sequence of recorded transfers from one owner to the next. A title search walks that chain to make sure each transfer was valid and nothing was left unresolved along the way.

What is an abstract of title?

An abstract is a summary of every recorded document affecting a property. Some older Kansas properties still have paper abstracts. Today most closings rely on a title search and commitment instead.

Can a title search find unpaid contractors?

It finds mechanic's liens that have been filed. A contractor can sometimes file a lien after work is done, which is one reason buyers ask about recent work and why title insurance matters.

Who orders the title search?

Usually the title company handling the closing orders it when the contract arrives. The buyer, seller or a real estate agent can request it.

Is title insurance required in Kansas?

A lender's policy is required by almost every mortgage lender. An owner's policy is optional, but without one, a title problem from before your purchase is your loss to fix.

Is title insurance worth it?

For most buyers, yes. It's a one-time cost that protects what is usually the biggest purchase they'll make, and it pays for the legal defense if someone challenges your ownership.

How long does title insurance last?

An owner's policy lasts as long as you or your heirs own the property. A lender's policy ends when the loan is paid off.

How do I know if I have an owner's title insurance policy?

Look in your closing package for a policy or a line for an owner's policy on your closing disclosure. The title company that handled your closing can send a copy.

Can I shop for title insurance?

Yes. Your loan estimate lists title services you can shop for, and you're free to choose your title company on a purchase unless your contract says otherwise.

How much is owner's title insurance on a $300,000 house in Kansas?

It's a one-time premium set by the underwriter's rates for that price. Request a title quote and you'll get the exact figure for your price and loan.

Who pays for the owner's policy?

Whoever the contract says. In many Kansas City area contracts the seller pays for it, but it's negotiable.

What happens if I don't get title insurance?

You'd pay to defend any claim against your ownership yourself, and you'd bear the loss if the claim succeeds.

Does an owner's policy transfer when I sell?

No. The new buyer gets their own policy. Your policy keeps protecting you for warranties you made as the seller.

What are the two types of title insurance?

An owner's policy, which protects the buyer, and a lender's policy, which protects the mortgage lender.

Why would a lender have a title policy?

To make sure its mortgage is a valid first lien. If a hidden problem knocked the mortgage down the line or voided it, the policy covers the lender's loss.

Do I need a lender's policy if I pay cash?

No. There's no lender to insure. You'd only buy an owner's policy.

Is closing done at the title company?

Often, yes. Kansas closings are commonly signed at the title office, though mobile and mail-away signings are possible.

Do realtors usually attend closings?

Many do, but they don't have to. The title company runs the signing.

How long can a title company hold funds after closing?

Not long. Funds are generally disbursed at closing or once the transaction is funded and ready to record. Earnest money is held from contract until closing, or until the parties agree to release it if the deal falls through.

Can a seller get a closing disclosure?

Yes. The seller receives a closing disclosure or settlement statement showing their side of the transaction.

Can you back out of a real estate transaction?

It depends on your contract's contingencies. Backing out without a contractual reason can cost you your earnest money. Talk to your agent or an attorney before deciding.

How long after a refinance closing do I get my money?

On a primary residence, usually after the three-business-day rescission period ends and the loan funds.

Can a refinance be denied after closing?

Funding depends on the lender's final conditions. Once a loan has funded and recorded, it's complete.

Do I need an owner's policy on a refinance?

No. Your original owner's policy keeps protecting you. Only the new lender's policy is issued.

How much are closing costs when paying cash?

Lower than with a mortgage, since there are no loan costs. Use the closing cost calculator for an estimate, or request a title quote for exact title figures.

Do I still need a title search if I pay cash?

Yes. It's how you find out whether the seller can actually deliver clean ownership.

Can a title company close a sale without realtors?

Yes. Title and escrow work is the same with or without agents.

Who pays for what in a FSBO closing?

Whatever the contract says. Spell out who pays for the owner's policy and the settlement fee.

Do I need an owner's policy on a brand new home?

It's especially useful on new homes because of mechanic's lien risk from the build.

What is a lien waiver?

A signed statement from a contractor or supplier giving up lien rights for work that has been paid for.

What is a mail-away closing?

A closing where the documents are mailed to you to sign with a local notary and then returned.

Can I close on a house without being there?

Usually, yes, through a mail-away or mobile signing, or with a power of attorney if your lender approves it.

Can you sell a house that's in probate?

Yes, with the authority the court gives the personal representative. The title commitment lists what's needed.

Do all heirs have to sign?

Often, if there's no court order or recorded transfer naming who has authority. The title search shows who needs to sign.

How long is a title insurance policy good for?

An owner's policy lasts as long as the insured owns the property. A loan policy lasts until the loan is paid off.

What's the point of a title company?

To make sure the buyer gets clean ownership, the lender gets a valid lien, and the money goes where the contract says, with insurance behind it.

Does the title company matter?

Yes. Responsiveness, accuracy and how well they clear title problems decide whether you close on time.

Can a title company do a closing?

Yes. In Kansas and Missouri, title companies commonly conduct residential closings.

Why would someone go to a title company?

To buy, sell or refinance property, to get title insurance, or to check what's recorded against a property.

How much is title insurance on a $300,000 house?

It depends on the underwriter's rate for that price and whether a loan policy is issued at the same time. Request a quote for the exact figure.

How much is title insurance on a $400,000 house?

The premium rises with the price, so it's higher than on a $300,000 home. A quote gives the exact amount.

Is title insurance a monthly cost?

No. It's paid once, at closing.

Is title insurance tax deductible?

For a home you live in, title insurance is generally added to your cost basis rather than deducted. Ask a tax professional.

Can a seller refuse to pay closing costs?

Yes, unless the contract obligates them. Who pays what is set by what both sides sign.

How do I ask a seller to pay closing costs?

Through your agent, as part of your offer, usually as a seller concession.

Is title insurance a waste of money?

Claims are uncommon because the search catches most problems, but the ones that happen are costly. One payment covers the whole time you own the home.

Should I skip title insurance?

You can skip the owner's policy, but you can't add one later for the same purchase.

Can I buy a house without a lawyer in Kansas?

Yes. Most Kansas residential closings are handled by a title company without attorneys.

What is the difference between title and escrow?

Title is about ownership and insuring it. Escrow is about holding and paying out the money and documents until the deal closes.

Is having an escrow account good or bad?

It smooths out large tax and insurance bills into monthly amounts. Some borrowers prefer to pay those themselves if their lender allows it.

Do I pay escrow every month?

If your loan has an escrow account, yes, it's part of your monthly payment.

How long does escrow take on a purchase?

Usually as long as it takes to close, often around 30 days with a mortgage, less for cash.

Is $500 earnest money good?

It depends on the price and the market. On most homes it's on the low side, which can make an offer less competitive.

Is 10% earnest money normal?

It's high for most residential purchases, though it can strengthen an offer.

Can I pay earnest money with a credit card?

Generally no. Escrow accounts take wires and checks.

Do you get earnest money back at closing?

It's credited toward your down payment and closing costs, so it reduces what you bring.

Does a seller get a closing disclosure?

Yes, a seller's version or a settlement statement showing their side of the deal.

Can a loan estimate be sent after a closing disclosure?

No. Once the closing disclosure is issued, changes are made with a revised closing disclosure.

What is the difference between a title commitment and title insurance?

The commitment is a promise to insure. The policy is the insurance itself, issued after closing.

What is a title jacket?

The cover pages of a title policy containing the standard terms, insuring provisions and conditions.

What does 'title exceptions' mean in a title policy?

Specific items the policy won't insure against, listed in Schedule B.

Can a house be sold without a clear title?

It can sometimes be sold subject to known issues, but most buyers and lenders require them cleared or insured.

Why is a quitclaim deed risky?

The person receiving it gets no guarantee the signer owned anything, and no recourse if they didn't.

How long does a quitclaim deed give you ownership?

Ownership transfers when the signed deed is delivered and accepted. Recording makes it a matter of public record and protects against later claims.

Can a quitclaim deed remove a cloud on title?

Yes, a quitclaim from someone with a possible claim is a common way to clear one.

Is a warranty deed the same thing as a deed?

It's one type of deed, the one with the strongest promises from the seller.

Can I sell my house with a warranty deed?

Yes. Sellers normally convey by warranty deed at closing.

What is the best way to transfer property from parent to child?

It depends on taxes, control and family circumstances. A TOD deed, a trust or a lifetime gift each have trade-offs, so talk to an estate attorney.

Can you transfer a deed without a lawyer?

Recording a deed doesn't require a lawyer, but drafting one correctly matters. An attorney is the safe choice.

What are the disadvantages of adding someone to a deed?

You give up sole control, may trigger gift tax reporting, and the property can be reached by the new owner's creditors.

Can I add my adult child to my house deed?

Yes, but a transfer-on-death deed or trust often achieves the goal without giving away ownership now. Talk to an attorney.

How hard is it to remove someone from a deed?

Easy if they agree and sign. Hard without their cooperation, which usually means a court.

Can I kick someone out of my house if they are on the deed?

Not simply by asking. A co-owner has a right to the property. Partition, divorce or other court action may be needed; talk to an attorney.

Is adverse possession hard to prove?

Yes. Every element must be shown for the full period.

What makes a deed invalid?

Common causes include a missing signature, lack of capacity, forgery, or a defective legal description.

Can someone put you on a deed without you knowing?

A deed can be recorded naming you, but delivery and acceptance are required for a transfer. Talk to an attorney if it happens.

Can a lien be put on my house without me knowing?

Judgment and mechanic's liens can be recorded without your involvement, though you typically have notice of the underlying claim.

What is the most common lien on property?

A mortgage.

Can I do a lien search on myself?

You can search county records yourself, or order a lien search for a complete check.

What is the 2-year rule for 1031?

Exchanges between related parties generally require both to hold their properties for two years. Ask a tax advisor.

Can you eventually live in a 1031 exchange property?

Possibly, after holding it as an investment, but there are timing and use rules. Ask a tax advisor before converting it.

How many days before closing do you wire money?

Usually the day before or the day of closing, after you confirm the instructions by phone.

How can I verify a wire transfer?

Call the recipient at a known number before sending and again after to confirm it arrived.

How much are closing costs on a $300,000 house?

For a buyer with a mortgage, often in the range of 2% to 5% of the loan amount. The closing cost calculator gives a fuller estimate.

Are closing costs tax deductible?

Some, like property taxes and mortgage interest, may be. Others are added to your cost basis. Ask a tax professional.

Is 4% closing cost high?

It's within the common range for buyers with a mortgage.

How much are closing costs in Kansas City?

For a buyer with a mortgage, commonly 2% to 5% of the loan amount on either side of the state line. Use the calculator for your price.

Is there a transfer tax in Kansas City?

No. Neither Kansas nor Missouri has a state real estate transfer tax.

Does Missouri have a transfer tax?

No. Missouri has no state real estate transfer tax.

Who pays title insurance in Missouri?

The contract decides. Customs differ between Kansas City and St. Louis, so check your contract.

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