Home Buying 101 in Bethalto, IL: Part 5 – Understanding Why Title is Important

 

 

Part 1: Know How Agency Affects You discussed the importance of finding a real estate agent to represent you.

Part 2: Will the Car Fit in the Garage? is about figuring out what is important now in finding your new home.

Part 3: What to Consider When Making an Offer talks about how to write an offer that is realistic and competitive. 

Part 4: I Have a Contract, Now What? covers the inspections and appraisal process.

 

You are almost there!  The first couple of weeks after the contract goes into effect are really busy.  Once the inspections and appraisal process are done, most buyers start to focus on packing and getting ready to move.  There are still others working behind the scenes, however, making preparations for the closing to take place.  Here are a few things about the title that you may not know:

  • Title – (1) The right to or ownership of land. (2) The evidence of ownership of land.  Title is not an actual printed document.  The actual document is called the deed.  In Illinois, a deed must meet the minimum requirements in order for it to be legal.  There are several different types of deeds. 
  • Title Search is an examination of public records relating to real estate to determine the current state of ownership.  This research will provide proof that the seller does in fact own the property and has the right to sell it.  Also it will determine whether anyone else has rights to the property.
  • Title Insurance is a policy that protects the insured in the event that any defects in the title should come up during the course of ownership.  Unlike other insurance policies that insure against future losses, the title insurance policy provides protection from an event that occurred before the policy was issued.  A title insurance company will only issue a policy after they have reviewed the public records and determined that the title is good and there are no apparent defects in the title.
  • The are also different types of title (ownership).  How title is created is very important as it will determine things such as who else has a right to the property, what happens to the property when an owner dies, and what rights a creditor may have to the property. The table below gives a brief description of the four most common types of title in Illinois.

 

Tenancy in Severalty

Tenancy in Common

Joint Tenancy

Tenancy by Entirety

Definition

Property held by one person, severed from all others.

Property held by 2 or more persons with no right of survivorship.

Property held by 2 or more individuals (not corporation), with right of survivorship.

Property held by husband and wife with right of survivorship.

 

Possession

Total.

Equal right of possession

Equal right of possession

Equal right of possession

Title

One title in one person.

Each co-owner has a separate legal title to his undivided interest; will be equal interests unless expressly made unequal.

One title to the whole property since each tenant is theoretically deemed owner of whole; must be equal undivided interests.

One title in the marital property.

Effect of Death

Entire property subject to probate.

Decedent’s fractional interest subject to probate.  The property passes by will to devisees or heirs, who take as tenants in common.  No survivorship rights.

No probate and can’t be disposed of by will; property automatically belongs to surviving co-tenants (last one holds severalty).  

Right of survivorship so no probate.

Creditors Rights

Subject to creditor claims.

Co-owners fractional interest may be sold to satisfy his creditor.  Buyer becomes tenant in common.

Joint tenant’s interest also subject to execution sale, joint tenancy is broken and purchaser becomes tenant in common.

Only a creditor of both spouses can execute on property.

 

 

     

This information is believed to be accurate at the time of this post.  I am not responsible for any changes made in these laws.   For a more thorough explanation, or if you have any questions regarding title or forms of ownership, I do recommend you speak with an attorney who specializes in matters of real estate.  In Part 6 – How Much Do I Need to Buy a House? we’ll go over the financial aspects of buying a house from the beginning of the contract to closing day.

 

Real advice. Real answers. It's Real Estate simplified. Helping buyers and sellers negotiate and manage their real estate transaction successfully.  

For real estate help in the Bethalto, Wood River, Alton, Godfrey areas email Stacie at stacie@mybethaltohome.com

   

 

Stacie Colclasure

Real advice. Real answers. It's Real Estate simplified. Helping buyers and sellers negotiate and manage their real estate transaction successfully.  

For real estate help in the Bethalto, Wood River, Alton, Godfrey, Edwardsville areas email Stacie at stacie@mybethaltohome.com

 
This post has been included in Illinois Information Madison County, IL Information
Post is included in group: Illinois Real Estate
Post is included in group: ABR-Accredited Buyer Representatives
Post is included in group: 1st Time Buyers

2 Comments on Home Buying 101 in Bethalto, IL: Part 5 – Understanding Why Title is Important

AUG
25

Stacie,

Thanks for the post, I'm glad you put it up.  How title is held is probably both one of the most important things to know when purchasing or selling real estate, and also one of the most misunderstood.

11:04pm • #1
AUG
26

Joseph - In my experience, few buyers rarely even give it a second thought.  Indeed, it is important.

8:19pm • #2

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Stacie Colclasure, REALTOR, Bethalto, IL homes

Bethalto, IL

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Landmark Realty, Inc.

Address: 58 Airport Plaza, Bethalto, IL, 62010

Office Phone: (618) 377-2112

Cell Phone: (618) 610-1617

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