Title Talk: 7 Essential Questions Your Title Company Will Answer Before Closing Day
Buying or selling a home is an exciting journey, often described as a rollercoaster of excitement, paperwork, and legal jargon. While much of the focus is rightly on the offer, the inspection, and the mortgage, there is one crucial partner that quietly works behind the scenes to ensure your transaction is legally sound and protected: the title company.
For buyers and sellers in Tennessee, navigating the closing process means understanding the role of your title agent. At Crossland Title Inc., we believe the closing experience should be clear and stress-free. That’s why we take proactive steps to answer the toughest questions before you ever reach the settlement table. The work we do—from Title Searches to issuing Title Insurance—is designed to shield your investment and secure your legal ownership.
This guide outlines the seven essential questions your dedicated title team will investigate and resolve, guaranteeing a seamless transition into homeownership.
1. Is the Seller the True, Legal Owner of the Property? (The Title Search)
This is the foundational question of any real estate transaction, and it’s the primary reason a title company exists. It sounds simple, but legal ownership can be complex.
Crossland Title Inc. performs a meticulous Title Search—a deep dive into public records, including deeds, court records, and property indexes. Our search goes back decades to verify that the person selling the home truly has the right to transfer it. We are looking for any defects or “clouds” on the title that could jeopardize your future ownership.
Our Service: Our comprehensive Title Search service meticulously scrutinizes every past transfer of ownership, resolving any ambiguities long before closing day. We ensure the line of ownership is clear and legally sound, giving you confidence in your purchase.
2. Are There Any Hidden Liens or Encumbrances on the Property?
A clear title means the seller is not just the owner, but the only party with a financial claim against the property. Unpaid debts tied to the property are called liens, and they automatically transfer to the new owner at closing if not resolved.
Common title defects we search for include:
- Mortgage Liens: Outstanding loans from previous owners.
- Mechanics’ Liens: Claims from contractors who performed work but were not paid.
- Judgment Liens: Unpaid judgments from court cases (e.g., child support, bankruptcy).
- Tax Liens: Unpaid property taxes or other government assessments.
Our Service: As your Escrow Agent, we manage all funds involved in the transaction. This includes ensuring that enough money is collected from the seller to pay off all outstanding liens and judgments, guaranteeing you inherit the property free and clear of the seller’s debts.
3. Will There Be Any Legal Restrictions on How I Use the Property?
Beyond liens, certain legal agreements and historical restrictions can limit how a homeowner uses their land. These are known as easements or covenants.
- Easements: Grant a third party (like the city or a utility company) the right to use a portion of your property for a specific purpose (e.g., utility lines).
- Covenants, Conditions, and Restrictions (CC&Rs): Found in many planned communities, these dictate everything from fence height and paint colors to vehicle parking.
Crossland Title researches all recorded restrictions and explains their impact on your ownership. Our goal is to ensure there are no surprises about your right to build, renovate, or even park your boat.
4. What Is the Exact Payoff Amount for the Seller’s Mortgage and Other Debts?
To achieve a clean title, the title company must ensure the seller’s existing mortgage is paid off precisely. A single dollar discrepancy can delay the closing or, worse, leave an unreleased lien on the property.
Our Service: We work directly with the seller’s lender to obtain the official payoff statement. This figure is calculated down to the day and includes principal, interest, and any applicable prepayment penalties. This meticulous accounting is essential to the Real Estate Closing process and is a service every client of Crossland Title Inc. can rely on.
5. How Is the Title Protection Guaranteed After Closing?
Even the most exhaustive Title Search cannot uncover every possible hidden risk. Issues like forgery in past deeds, fraud, or the existence of a missing heir are threats that only emerge after closing. This is where Title Insurance becomes your critical safety net.
Our Service: Crossland Title Inc. offers comprehensive Title Insurance protection. Unlike homeowner’s insurance, which covers future damage, title insurance covers the past—protecting you from financial loss and the high legal costs associated with defending your ownership rights against historical defects. We issue both the Owner’s Policy (protecting the buyer) and the Lender’s Policy (protecting the lender), securing the transaction for all parties.
6. Where and When Will I Sign My Closing Documents? (Real Estate and E-Closings)
The closing process culminates in the signing of dozens of legal documents. Coordinating this can be a logistical challenge, especially for parties who live out of state or have busy schedules.
Our Service: We facilitate flexible and convenient closing options for all our Tennessee clients. While we welcome in-person closings at our offices, we also offer convenient E-closings and remote settlement services. We handle all Document Preparation and provide certified Notary Services to ensure all legal paperwork is signed, witnessed, and executed correctly, whether you are across town or across the country.
7. Which Documents Need to be Legally Filed and Recorded with the County?
Once all documents are signed, the legal transfer of the property isn’t complete until the new deed and mortgage are recorded in the county courthouse.
Our Service: A final, crucial step in our service is comprehensive Legal Filings. We take responsibility for ensuring every single document—especially the deed that officially transfers ownership to you—is promptly and accurately filed with the appropriate local government entities. This recording process is the final step that officially secures your place as the legal owner of record, completing the Real Estate Closing process in Tennessee.
Your Partner for a Seamless Closing
The complexities of a real estate closing require a partner with experience, integrity, and a deep knowledge of Tennessee title law. At Crossland Title Inc., we take pride in managing every detail—from the initial Title Search to the final Legal Filing—so you can focus on moving into your new home. Don’t leave your most important investment exposed to hidden risks. Contact us today to ensure your next real estate transaction is closed with clarity, confidence, and complete protection.