Escrow Tip: International Funds

International Funds

When dealing with an international customer, they should consult with their Title Security Agency escrow officer as to the acceptance of funds via personal check or outgoing wire procedures due to our NEW company policy.

Incoming wires are always accepted, this NEW Title Security Agency policy is only involving outgoing wires, and incoming personal checks, cashier’s checks & money orders – that are subject to clearing by the international bank and can take up to 8 weeks for clearing

Escrow Tip: Why does my refinance need Title Insurance

Why does my refinance need Title Insurance?

When you refinance, you still keep your Owner’s Policy from your purchase, but Lenders will require a new title search and Loan Policy to protect their lien holder position in the property.

Even if your home was recently purchased, there are still issues that could arise with the title due to mechanics liens, unpaid judgments, or tax liens. Perhaps easements have recently been created. All of these items may affect the use of the property, or otherwise “encumber” the title.

Whether you are purchasing a new or existing home, or refinancing, title insurance provides an underwriting service to mortgage lenders to ensure the borrower has clear ownership rights to the property, free and clear of any other claims to ownership. Strong underwriting protects consumers, and title insurance fulfills a key part of this due diligence.

Title Security Agency of Arizona is here to assist you and your lender whenever title insurance is needed.

Escrow Tip: What information is found in the Title Commitment?

What information is found in the Title Commitment?

Upon opening escrow and the completion of the title search, you will receive a Commitment for Title Insurance, and copies of those matters as disclosed in Schedule B Section 2-Exceptions
(NOTE: If you do not receive these documents with the Commitment for Title Insurance, request them from your Escrow Officer).

The Commitment for Title Insurance has three schedules: Schedule A and Schedule B Section 1-Requirements and Schedule B Section 2-Exceptions. Below is a brief description of some of the matters reflected in the referenced schedules.

Schedule A

  • Effective Date of Commitment. (The date through which the records of the County Recorder have been searched.)
  • Proposed Owners Policy to be issued, the amount of coverage (sales price) and the proposed insured (Buyer).
  •  Proposed Loan Policy (if applicable) to be issued, the amount of coverage (loan amount) and the proposed insured (Lender).
  •  Type of Interest to be insured in subject property (In most cases this will be Fee).
  •  Legal Description of the property to be insured.

 

Schedule B Section 1-Requirements

  •  Payment of delinquent real and personal property taxes, if any.
  •  Payment of Homeowners Association transfer fees and charges.
  •  Payoff and recordation of a release of any loans, judgments and/or liens affecting title to the subject property.
  •  Recordation of a release of any previously paid liens that have not yet been released of record.
  •  Recordation of corrective documents as may be determined through the examination of the title.
  •  Request for authority documents of a legal entity that may be involved in the transaction (i.e corporate resolution, LLC operating agreement, trust agreement).
  •  Recordation of document(s) transferring title to buyer. (Deed)
  •  Recordation of lenders security document. (Deed of Trust)

Schedule B Section 2-Exceptions
The matters reflected in this section affect the title to the real property. You will take title “Subject To”  these matters of record (i.e. easements, right of ways, covenants, conditions and restrictions, homeowners association, taxing districts, well agreements, road maintenance agreements).

You should review these documents with your real estate agent and/or legal advisor.

Escrow Tip: When does the buyer get Keys?

Are your buyers new to Arizona? Best to let them know early in the process, that Arizona is an Escrow state.

Closing monies and key

In some states, possession of the property is turned over after funds are transferred. In an escrow state, the additional step of recordation is required, before legal transfer has been completed. If your buyers are from an abstract state like, say New York State, they may wonder why they cannot get their keys at the signing table, and may be disappointed and upset.

Arizona Notary Requirements

Do You Know the Requirements

of your Notary Public?

Arizona Notary Public requirements for the purchase of Real Estate are specific and the forms of identification which are acceptable are very specific.  The  client’s identification must have the following characteristics:

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  • Valid/unexpired
  • Issued by the US Government – establishing legal presence in the US
  • Includes a picture and described physical features
  • Where there is a loan the lender requires 2 Forms of ID be shown at closing
  • For purposes of real estate conveyance and financing, a notary may accept the following forms of ID:
  1. A valid unexpired passport issued by a national government other than the United States government and that is accompanied by a valid unexpired visa or other documentation that is necessary to establish an individual’s legal presence in the United States.
  2. Any other valid unexpired identification that is deemed acceptable by the United States Department of Homeland Security to establish an individual’s legal presence in the United States and that is accompanied with supporting documents as required by the United States Department Homeland Security; passports without visas from qualified individuals who are visiting from countries participating in the Visa Waiver Program.  Visit www.state.gov for a list of such countries; Identification accepted from certain visitors from Canada and Mexico under the Western Hemisphere Travel Initiative.  Visit www.getyouhome.gov for more information.

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If the Seller or Buyer have any questions relating to the forms of identification, which may be required at closing by the Notary Public, contact your Escrow Officer to determine what ID may be acceptable.

Title Security Agency is committed to assisting in making every closing a successful transaction.  Each Escrow Officer involved in a closing is well versed in the requirements of the Notary Public.  Contact your Escrow Officer today for further details!