Abstracting, Title, And Closing Services
A condensed history, taken from the public records, of the documents affecting the ownership rights of a particular piece of real property. In Oklahoma, the “title search” documentation is bound into a book of sorts known as an abstract. Every state does the work of a title search in relation to real estate transactions, but not all states bind them into a certified abstract. Bryan County Abstract Company has continually been in the business of compiling abstracts since 1903.
Title insurance is a policy that provides against serious financial loss due to a defect in the title of a property. Title insurance covers both claims arising out of the title problems that should have been discovered in the public records and those hidden defects that could not be discovered in the records. Those hidden defects could include forgeries, fraud, errors in public records and missing heirs. Title insurance differs significantly from other forms of insurance in that covers events of the past, not of the future. See also “Owners Title Policy” and “Mortgagee (Lender’s) Title Policy”.
OWNER'S TITLE POLICY
This title policy is issued most often in conjunction with the purchase of a piece of property. It is issued to the new owner as the insured. However, it not only protects that insured owner, but also their heirs for as long as they hold title to the property, and even after if they sell by giving a Warranty Deed. The underwriting company will not only satisfy any valid claim made against the insured’s title, but it will pay for the costs and legal expenses of defending against a title claim. As a future Seller, an owner who has obtained an Owner’s Title Policy has the assurance that the title will be marketable when ready to sell.
MORTGAGEE (LENDER’S) TITLE POLICY
This title policy is issued to a lender making a loan on a particular piece of property, either in conjunction with a purchase or as a stand-alone transaction. It is issued to assure the lender that is has a valid lien against the property. Protection under this policy remains in effect as long as the mortgage remains unsatisfied.
A title search is a search of public records performed to show the current status of title. It includes determining the current owner, status of ad valorem (property) taxes, disclosing any unreleased mortgages, liens, judgments, recorded easements, rights-of-way, restrictions or covenants, property description issues with adjoining or surrounding landowners, etc. Anything that can affect the property or parties that may have or claim an interest are researched through the title search process. In Oklahoma, that search is bound into an abstract.
File and document processing
This is a commonly used term for both the lender and the title or closing company during a real estate transaction. Both use the term to reference the timeframe their particular organization is working on the file to gather information about the property, any parties involved and obtaining any necessary documentation for loan approval purposes or clearing title issues. This is not a static reference of time. Each individual file may have a different timeframe for processing due to title requirements, appraisal questions, repairs, credit issues and Buyer/Seller logistical issues, to name only a few of the tasks associated with this step. During this time, both lenders and title companies may have to obtain information from third parties which could extend the expected processing time.
The closing or settlement is the final step in a real estate transaction. During the closing, the settlement agent will coordinate the signing of the documents required to finalize the sale and loan. The closing agent is responsible for the disbursement of all funds disclosed on the settlement statement including fees to the lender, surveyor, homeowner’s insurance company, taxing authority, county recording offices, real estate agents, title company and attorneys. They will also disburse any net proceeds to the Seller and any refunds or overages to the Buyer. The closing agent will record any necessary documents with the county clerk’s office.
Bryan County Abstract Company
120 N 3rd ST, Durant, OK 74701
PO Box 557, Durant, OK 74702
116 N 3rd St, Durant, OK 74701
HOURS OF OPERATION
Monday - Friday: 8 AM - 5 PM