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All Forum Posts by: Peter Walther

Peter Walther has started 31 posts and replied 1580 times.

Post: Deed vs mortgage

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,612
  • Votes 693

I suggest you write up a contract with your seller and take it and your GFD to a local title agent.  They'll produce a title commitment with the requirements they think are necessary to get you insurable title.

Post: Does satisfying the first mortgage clear out the 2nd LIEN?

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,612
  • Votes 693

I believe in Florida, HOA liens have priority as of the recording of the declaration of the restrictions except for first mortgages where the lien has priority as of the recording of the lien. (Fla. Stat. 720.385) So if the junior lien holders were properly served, their interest should be extinguished. However, as Jay suggested, ask a title agent for a commitment to issue you a policy and see what they would take exception for.

Post: Which professional to contact for transfer of property

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,612
  • Votes 693
Quote from @Emilie Pa:
Quote from @Peter Walther:

Assuming your corp received a title policy when it acquired the property, you could go back to the attorney or title agent that handled that closing and ask them 1. can they prepare the deed; 2. can they issue an endorsement to the policy changing the name of the insured to you as the Grantee.


 Thank you so much. That is very helpful. I didn't think about the policy change. I'll contact the title agent!


 You're welcome.

Post: Which professional to contact for transfer of property

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,612
  • Votes 693

Assuming your corp received a title policy when it acquired the property, you could go back to the attorney or title agent that handled that closing and ask them 1. can they prepare the deed; 2. can they issue an endorsement to the policy changing the name of the insured to you as the Grantee.

Post: 2nd Lien Private Lending Collateralized by Cash flowing Investment Real Estate

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,612
  • Votes 693
Quote from @Stefan Tsvetkov:

@Beth Johnson Would you know the exact set of title elements completed by conventional HELOC lenders? I used to have a primary residence HELOC for $200k, with full closing costs at ~$500-1000. Got similarly low closing costs for further investment property HELOCs I pulled. A refinance of the same dollar amount would run at ~5 times the above title work costs for the same properties.

I am puzzled as to why private lenders would not be competitive closing costs wise vs. HELOC lenders. How do traditional HELOC lenders stay protected?

P.S. I live in NYC, own properties in multiple states.


This is the trouble HELOC lenders got into by not getting a traditional title policy.

BofA Sues First American Over Title Insurance Claims - MortgageOrb

I suggest you start by reading the insurance policy, starting with the definition section which should tell you who is insured.  I'd also carefully read the section on how the loss payment is made.

Post: Land Contract/Agreement for Deed instead of Novation for quick Flip

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,612
  • Votes 693

I agree with Don that acquiring an interest in property without a title policy is short sighted.  However, I just checked a national underwriter's manual, and it appears CD's are insurable, but there are criteria unique to them.  I suggest you check with a local agent to ask about getting a policy in your situation.  Many people are unaware of the limitation of liability if they get a title search, and something is missed.  Personally, if I relied on one, I'd assume I'm self-insured if something is missed.  Keep in mind that if you want to get a loan while you're a contract purchaser your lender will probably not be able to get a title policy since you don't own the property and cannot put a lien on it.

Also, since you'll need a deed from your seller when you're ready to resell, what do you do if he's in the wind since he's already been paid in full?

Post: Escrow won't close

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,612
  • Votes 693
Quote from @Eugene Mitchell:
Quote from @Peter Walther:
Quote from @Eugene Mitchell:

I got the property from one of my clients in my Banking capacity.he Loaned money on it a d subsequently got the property. It's in an abandoned state. Got it at a really good deal. I'm not just talking about them notarized wich we already did 2x but filling out the " Statement of fact" paper wich wants your drivers license your ,sdn all address for last ten years all spouses and children's info your employment history and a narrative about why you don't want the property plus your notary and thumb print. You can't tell me you would be OK with someone showing up at your door wanting that everything this property sells .On a property you wanted nothing to do with you signed off on. And my question is how many times does this go on in the future? These guys should feel it's OK to keep doling out through info for all these title people. I get that title insurance e saved you once but really I should be thanking them , no I think they have made themselves into this role where they want everyone to believe nothing can be done without them and the time they take, it takes them 2 days to walk a piece of paper across a room.As fir the lady she should be helping her clients the people who pay for thier services to resolve these type issues not act like she's the great almighty God of real-estate transactions who no sale can happen without her blessing.  And why even have notary if we aren't going to believe them. It should not take 30 to 40 days to close a sale, it's the computer age and now thar they have ingrained themselves into the process so much they are feel they can take however long they want and we have let them. I do t what to argue the merits of the importance of title searching for title insurance I get it you love them you want to marry them they saved you money unhappy for you I have my opinion you have yours I'm just saying would you take a step back and you look at the amount of BS that they throw in there with what they're doing and the fact that they do forget who works for who it's crazy that being said I'm just wondering how long this is going to go on for every time the house sells and if you do have some of that doesn't want to sign off as is their right not to want to give off all the information especially in the climate of fraud that you talked about is there a solution


No where in your screed did you give an explanation for why you didn't get a title policy when you bought the property from your friend, all you did was complain that the title company is being unreasonable and uncaring by refusing to help you clear up a problem of your own making.  That's not their job.


 I didn't get a title policy because I didn't know I needed one the purchase came up suddenly. And even if I had they still will go to the guys every time the property sells that to me is un reasonable. No one said they were caring or un caring that's your verbiage to make it seem like I'm being over sensitive. I just wanted some advise about how many times they would do this and any work around. Thank you for posting your opinion of how great the title companies are and for not answering the question I did ask. Please no need to respond ,it will be another snide editorial about your love of title companies. I will figure it out . 


You don't "need" title insurance (as in it's not required in order to purchase property) but as you've read in this thread, it's highly recommended.  I can't foretell the future, but I suspect the requirement for the information from your grantors will probably be a onetime thing. The next examiner will see the title has been insured and unless another defect is found, will rely on your sale transaction.  You wrote (One of them told the escrow lady to go f off he wasn't giving her the information and she just informed me (as snooty possible) that she would not be able to close without it).  Seems a little sensitive to me since I suspect she's just doing her job and isn't trying to hold your deal up unnecessarily.  She may have also been a little annoyed that your grantor just told her to f off.  Nowhere did I write that title companies are great, in fact I'm more aware than most that they're just people in a particular business trying to make a buck.  They're not trying to save the world or salvage your investment.

Post: Purchasing a house without an agent

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,612
  • Votes 693

I suggest you be sure to give the good faith deposit to either an attorney or the settlement agent, never to the seller.

I'm a little concerned that the seller is your neighbor.  Please consider that negotiations between the buyer and seller can sometimes become adversarial.  If this is someone you and/or a member of your family might be dealing with in the future it may be smart to have someone as a buffer.  Let's say your inspection comes back and identifies some matters that concern you, but your neighbor feels are inconsequential.  Let's also say your daughter and your neighbor's daughter attend the same 1st grade class and will continue to do so after the sale closes.  it might help to be able to point to your real estate agent as the unreasonable person who won't let close without resolving the issue.

Post: Escrow won't close

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,612
  • Votes 693
Quote from @Peter Walther:
Quote from @Eugene Mitchell:

I got the property from one of my clients in my Banking capacity.he Loaned money on it a d subsequently got the property. It's in an abandoned state. Got it at a really good deal. I'm not just talking about them notarized wich we already did 2x but filling out the " Statement of fact" paper wich wants your drivers license your ,sdn all address for last ten years all spouses and children's info your employment history and a narrative about why you don't want the property plus your notary and thumb print. You can't tell me you would be OK with someone showing up at your door wanting that everything this property sells .On a property you wanted nothing to do with you signed off on. And my question is how many times does this go on in the future? These guys should feel it's OK to keep doling out through info for all these title people. I get that title insurance e saved you once but really I should be thanking them , no I think they have made themselves into this role where they want everyone to believe nothing can be done without them and the time they take, it takes them 2 days to walk a piece of paper across a room.As fir the lady she should be helping her clients the people who pay for thier services to resolve these type issues not act like she's the great almighty God of real-estate transactions who no sale can happen without her blessing.  And why even have notary if we aren't going to believe them. It should not take 30 to 40 days to close a sale, it's the computer age and now thar they have ingrained themselves into the process so much they are feel they can take however long they want and we have let them. I do t what to argue the merits of the importance of title searching for title insurance I get it you love them you want to marry them they saved you money unhappy for you I have my opinion you have yours I'm just saying would you take a step back and you look at the amount of BS that they throw in there with what they're doing and the fact that they do forget who works for who it's crazy that being said I'm just wondering how long this is going to go on for every time the house sells and if you do have some of that doesn't want to sign off as is their right not to want to give off all the information especially in the climate of fraud that you talked about is there a solution


No where in your screed did you give an explanation for why you didn't get a title policy when you bought the property from your friend, all you did was complain that the title company is being unreasonable and uncaring by refusing to help you clear up a problem of your own making.  That's not their job.


Once a title policy is issued, if there is a covered problem in the future, getting corrective documents or bringing a quiet title action becomes the insurers problem, not the insured's.