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The practice is known as split closing or split settlement where the buyer and the seller each use a title company for a single transaction. This is not the same as when the buyer and seller sign the documents at different times, which happens frequently these days.
In other words, the buyer may specify the title company of their choosing to issue the policies. However, there are exceptions. When the seller agrees to pay for both title insurance policies (owner and lender's) the seller can stipulate the title company that will issue the policies.
In some cases, the buyer selects the title company and pays for a lender's insurance policy. Sometimes the seller selects the title company and pays for an owner's title insurance policy. Occasionally the buyer and seller decide on the title company and each pays for part of the policy.
RESP permits the lender to require closing at a particular title company. ... It is therefore permissible for a lender to cultivate a relationship with a particular title company and require closing with that company. However, lenders, at least in our locale, rarely use this right.
And is it possible to change title companies once a title company has been designated in the contract and an earnest money deposit has been delivered to that designated title company? The short answer is you can change your mind with the consent of the seller, through a simple addendum to the sales contract.
Most residential buyers and sellers have no strong ties to a particular title company or closing officer; many brokers and agents do and want to direct business to their favorite closer or title company.
The only way a Seller can mandate that purchaser use a particular title company is if the seller paid 100% of all title insurance and related title costs. HUD's RESP Division has stated on numerous occasions that unless the seller pays 100% of the title related costs then the seller has violated RESP.
Title companies generally act as the combined agent of the insurance company, the buyer, the seller, and any other parties related to a real estate transaction, such as mortgage lenders. The title company reviews title, issues insurance policies, facilitates closings, and files and records paperwork.
Competing title insurers and underwritten title companies may offer different costs or services for title insurance required. You may choose one company for escrow services and another for title insurance. The person who pays for the policy selects the title insurance company.
Yes. Seller will only pay for the owner's title policy if buyer uses its preferred title company. ... Several courts have held that an economic incentive for a buyer to use a particular title insurance company does not amount to a violation of Section 9.[8]
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