Don't take the "free" title work from Homepath!

Don't take the "free" title work from Homepath!

Portland, ME · Member since 2012 · 616 posts · 550 votes

I'm under contract for a Homepath house that I was going to flip.  I've done 18 flips.  In the past I've taken the "free" title work and title insurance offered by the seller (Fannie Mae).  I thought that title insurance was pretty much all the same.  For some reason, maybe because I saw this advice on BP, I decided to use my own title company this time.  This saved me $140,000!  The title attorney had worked on this particular property before and knew that the foreclosure wasn't done properly and that it would be very difficult or impossible to clear the title.  It's a unique situation that he's never seen before. Fannie Mae's title company has offered "affirmative coverage" which is not appropriate for this situation because the title will still not be marketable.  This means that I'd never be able to sell or mortgage the house!   

It really makes me upset that Fannie Mae knew about this and didn't disclose it!  I have a $10,000 deposit that they will probably try to keep but will not succeed because my agency is holding the deposit.  Also, the listing agent had to have known about this (it was under contract twice before and she didn't tell me why the sales fell through).  This is an agent who I know and am friendly with in the community and thought I could somewhat trust, yet she was willing to cause devastating financial harm to me and my family.

The bottom line is that nothing is ever free!

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J ScottPro Member
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Investor · Sarasota, FL · Member since 2008 · 18k+ posts · 17k+ votes
9y

Agreed, never use their title company.  You'll save a few bucks, but you'll give up a LOT of control.  Not worth it.

Using my own attorney/title company, I can generally close FNMA properties in about a third the time they can, I never have to worry about getting to the closing and the paperwork not being done, and most importantly, my attorney will always work for me whereas the FNMA title/attorney works for them.

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  • J ScottPro Member
    Moderator
    Investor · Sarasota, FL · Member since 2008 · 18k+ posts · 17k+ votes
    9y

    Agreed, never use their title company.  You'll save a few bucks, but you'll give up a LOT of control.  Not worth it.

    Using my own attorney/title company, I can generally close FNMA properties in about a third the time they can, I never have to worry about getting to the closing and the paperwork not being done, and most importantly, my attorney will always work for me whereas the FNMA title/attorney works for them.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    9y

    Agreed. I Always recommend buyers pay for their own title insurance.....REO title companies like to load up the "B" Section exclusions in their title policies.

  • Flipper/Rehabber · Allentown, PA · Member since 2011 · 1k+ posts · 701 votes
    9y

    @Amy A.

    I agree, always use your own title agent. However, it is unlikely that Fannie Mae was deliberately hiding anything from you. 

  • Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
    9y
    Why pay for a title insurance policy when it is typically paid for by the seller? A title co will not insure without good title...you can usually check out all the records online at the clerks website.
  • Portland, ME · Member since 2012 · 616 posts · 550 votes
    9y

    @Mark Gallagher two sales had fallen through in the last month.  I was the 3rd to have it under contract with this agent (It was under contract years ago when Bank of America foreclosed but it fell through due to the same title issue).  If they don't know, that's a pretty big coincidence.

    @Marian Smith the custom of who pays for what closing costs is different in every state.  In Maine, buyers purchase the title insurance and sellers pay for deed preparation.  Also, they were willing to provide "affirmative coverage" even though the title was no good and not marketable.  I used to think that all title insurance was the same, but as I get more experience I have found that it's not.

  • Flipper/Rehabber · Allentown, PA · Member since 2011 · 1k+ posts · 701 votes
    9y

    @Amy A.

    In that case, it would likely be very bad back end work. The FM attorney is dropping the ball. Any time I've dealt with FM title issues, they pull from market right away. In a case like this, they would make the servicer (Wells, BoA, etc.) take it back due to their error. 

    You likely would have eventually gotten clear title, but you would have had to do a quiet title action on it. 

  • Investor · Richmond, VA · Member since 2015 · 139 posts · 43 votes
    9y

    Got to agree here. I bought a REO (not homepath) and glad I used my own title company. They found the previous foreclosure wasnt quite correct, and had to clear it up. If I had used the seller's/bank's title company I'm positive they would have just put an exclusion in the title policy, and when I eventually sell would be in a jam as a result.

  • Gardiner, ME · Member since 2015 · 190 posts · 177 votes
    9y
    This is not something I've ever really thought about but it makes sense. Add title company to the list of things I definitely want to control. Thanks Amy A.
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