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Updated over 9 years ago on . Most recent reply
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Experienced folks: WHO researches your title? (I need help from all 50 states)
Here in Washington State, I go to a Title Company after signing a contract with a seller and the title company researches the chain of title and issues title insurance, and then the Title Company will actually close the transaction.
So my question is:
WHAT state are you in?
WHO researches the title in your state? (title company, escrow, lender, attorney, etc?)
WHO closes the transaction? (title company, escrow, lender, attorney, etc?)
Thanks for your help! (this is for an upcoming book from BiggerPockets!)
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In Georgia it's done through an attorney. Some attorneys go to the courthouse and pull their own title work and others hire an independent title researcher. Then the attorney will go through the title and if there's something not quite clear or complicated, he/she will discuss it with an attorney at the title company, who is going to write the title insurance.
In Fulton county (Atlanta - have not worked in other counties) the title has to be guaranteed for 30 years and I've taught myself to do my own title work ahead of time, so, that there are no surprises at closing. And if you work in some of the original black neighborhoods in Atlanta with 100 year old houses you can be thrown for a loop, because the properties often were passed down within the family without probate (because the lawyers were usually white and they didn't trust them).
So, unless the house had recently changed hands with a mortgage and title insurance, it's always best to spend the time and look at the titlework ahead of time, because the attorney puts it off until the last minute. They get it back a day before closing and then you'll have potential problems to solve.