In order for you to understand what a title attorney is, let us first discuss what a title company is. The textbook definition of a title company is “a company that checks the property’s title for liens, fixes or problems, and facilitates a smooth closing of the property while ensuring the correct process of the purchase.”
Upon deciding to buy a house and which house to buy, the next step to take would be to do a closing. In this process, it is important to identify all the parties in the transaction and let the title company perform a title search. As per the definition given earlier, the title company checks the property’s title for liens or claims that may have adverse effects on the actual closing.
Before buying a home, you will always want to have a “free and clear” title. Make sure that all or any liens against the property including, but not limited to, mechanical liens, second mortgages, and back taxes, are paid off in full by the lien holder, or completely pardoned. It is strongly recommended that a title be declared “free and clear” before a buyer purchases a home.
A title lawyer specializes in land title as well as land title insurance law. In most cases, title lawyers assist real estate agents and individuals during their real estate transactions. Title lawyers are responsible for overseeing the examination of land titles and land title insurance policies. Other documents that are related to property sale transactions are also overseen by title lawyers.
In order to function more efficiently, most title companies opt to employ title lawyers, title insurance agents and title professionals to oversee specialized documents and transactions.
According to Sun Title Agency, the leading Michigan title company, they employ and keep title lawyers on staff in order to offer their clients faster title insurance preparation and more accurate information regarding titles.
Title attorneys or title lawyers assist both property buyers and property sellers in a number of ways.
Property buyers can rely on title lawyers to review liens, easements, covenants and unpaid taxes that are associated with the property’s title that may hinder the ownership rights of the buyer. Title lawyers also review and, if necessary, revise purchase contracts. They may also negotiate with the bank in terms of mortgage and analyze adjustments that are made to the land title. They can also assist property buyers in drafting title insurance and deliver registered ownership to the new owner of the title.
Title lawyers can also help property sellers with reviewing sale agreements, helping correct title issues, reviewing transaction documents before signing at the closing and arranging security deposits or insurance certificates, should they be needed.
The most common situation wherein the services of a title lawyer are needed is in examining and resolving the preexisting liens and encumbrances in the title.