What does title company do when selling a house?
James Williams
Published Mar 29, 2026
The role of a title company is to verify that the title to the real estate is legitimately given to the home buyer. Essentially, they make sure that a seller has the rights to sell the property to a buyer. The title insurance company also may be responsible for conducting the closing.
What constitutes a defective title?
A defective title is a title that is impaired with a lien, mortgage, judgment, or another claim. Defective titles are considered unmarketable, so the asset in question cannot be transferred or sold. Any encumbrances on a defective title must be cleared before the owner can sell their asset.
Should you use the sellers title company?
The title company that you choose can greatly influence the closing process. It can determine whether a property sale/purchase will be successful or not. If you are asking yourself whether you can use the seller’s title company, the answer is YES.
Do you pay title company at closing?
Generally, the seller of the home you’re buying pays for your title insurance policy, and you pay for your lender’s policy. But unlike most insurance policies that require you to pay a yearly or monthly premium to keep your coverage, you only have to pay title insurance once when you close on the property.
Is title transferred at closing?
In most jurisdictions, ownership is officially transferred when a deed from the seller is delivered to the buyer. At a high level, the closing typically involves the following parties: the seller, the buyer, real estate agents, lawyers (depending on the state), the mortgage lender, and the title company.
Is a title company the same as a mortgage company?
Title companies work for lenders and homeowners. Without the services of a title company, mortgage loans would be a much riskier proposition for both parties. In addition, the lender risks a default on the loan as well as the legal fees and costs incurred by any legal action over title, property taxes and other issues.
Do buyers and sellers use the same title company?
In a split closing, the seller hires a title company separate from the buyer’s title company to complete the sale. Under Section 9 of the Real Estate Settlement Procedures Act, sellers are prohibited from dictating the title company used at a closing.
Who pays for title insurance on a home purchase?
In the case of the home buyer’s title insurance policy, it’s customary for the seller to pay the costs of the policy issued to the new homeowner. Mortgage lenders also require a title insurance policy. It’s customary for the lender’s policy to be paid by the home buyer.
How does the title company work when you are selling a house?
The Title Company pays off your existing mortgage. If you have an outstanding mortgage on the house you’re selling, the Title Company pays off that debt. When that debt is repaid, the Mortgage Company releases the title to the property, giving the you, the Seller, the ability to deed the property to the Buyer.
When do I have to pay my title company?
Before closing, the title company will order a ‘payoff’ from your current mortgage company. After confirming and calculating what you owe on your current mortgage, we deduct that amount from your proceeds at closing and send that payoff amount to your lender. For most folks their mortgage payments are due on the first of the month.
What does a title company send to the closing agent?
The title company issues a receipt and sends a copy of the contract and the check to each party. The company will typically include a cover letter showing the name of the closing agent, his contact information and GF number.
When do you need a title search for a house?
Essentially the buyer of your house (and the lender financing the transaction) doesn’t want to take on any of your old IOUs that use the property as collateral. Before closing, a title company or real estate lawyer will conduct a title search to check for any of these potential problems.