Relocating to Austin Part FiveEvery state has nuances concerning home ownership. In Texas you will want to investigate Title Insurance. When you purchase a home it is normal and customary to ask the seller to pay for a Title policy. The fee however, is negotiable between buyer and seller.  If purchasing a builder home the builder will usually pay for the Title Policy if you use their lender and close at their preferred Title Company.

So why is Title insurance important? It's essential to make sure the home you are purchasing is free and clear of debts and leins.

Title Insurance is a contract of indemnity between the insured and a title company. The form of the contract is determined by the Texas Department of Insurance. Likewise, title insurance rates in Texas are promulgated by the Department and are uniform for all title companies. Everytime a home sells a Title Policy is written and provided to the buyer.

An explanation of title insurance is provided here by Austin Title.

Part 5: Texas Title Insurance

There are 2 major types of policy.  The Owner’s Policy of Title Insurance is issued to an owner/purchaser and insures against certain listed title risks. The Mortgagee Policy of Title Insurance is issued to a lender and insures the validity of the lender’s lien against the property.  Before issuing a title policy, a careful search is made of the county, state and federal records that affect real estate.

Some of the risks that exist which a title policy may protect against include: forgeries, false representations, mistakes at law, undisclosed heirs to name just a few.  In most cases, it is customary in Texas the seller of the property pay for the Owner’s Policy, but is a matter of negotiation, and in many instances is paid for or partially paid for by the buyer.  The premium for the Owner’s Policy is based on the sales price. The borrower is responsible for paying for a Mortgagee’s Policy,  which is based on the amount of the loan.

The title insurance company also acts as an escrow agent between the seller, buyer and lender and has responsibilities to all parties for fair dealing.  The title insurance company receives the buyer’s money as well as all other documentation required for the transaction.   When all requirements of the contract and the lender are satisifed, the transaction is “closed”.

Title Policy Protections

  • Forgeries
  • False representations
  • Mistakes at law
  • Undisclosed heirs
  • Illegal trusts
  • Delinquent taxes
  • Fraud
  • Lost wills
  • Mistakes in legal description
  • Clerical mistakes
  • Defective acknowledgments on documents
  • Platting


Previous tips:

Part 4: Homestead Exemption
Part 3: Community Property
Part 2: Home Warranty
Part 1: Moving Checklist

I offer years of experience helping families relocate to the NW Austin area. If you haven’t chosen a Realtor®, I would love the opportunity to earn your business and exceed your expectations.


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21 Comments on Tips on Relocating to Austin ~ Part Five

20 Most Recent Comments Displayed Show All

JUL
19
587,896 Points
Hi Dorie, I'm sure all the Californians fleeing for Austin will appreciate your tips.
1:09pm • #2
1,033,137 Points 239 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Dorie- you should teach a class!  What a great explanation of what Title Insurance is. 

1:53pm • #3
939,117 Points 74 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Dorie: Well written and a useful resource for anyone moving to Texas!  Your expertise is shining through.

2:59pm • #4
235,514 Points 37 Featured Posts Outside Blog Called Shot Master

Hi Dorie.   Excellent post on what to expect in regards to title insurance.   Nice to know.  Here in MA it normally falls on the Buyer.  

5:24pm • #5
1,227,445 Points 79 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Hi Laura,

Thank you..it is different in every state!

5:30pm • #6
1,227,445 Points 79 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Hi Kathy,

We have excellent references who explain Title Insurance..Austin Title is a great resource!

5:32pm • #8
1,227,445 Points 79 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Hi Anita,

Thank you!! That means a lot coming from the expert in Warner Robbins, GA!

5:34pm • #9
1,227,445 Points 79 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Hi Carol,

Exactly why a buyer needs to know what is the norm for the state where they are relocating!

5:35pm • #10
352,805 Points 8 Featured Posts Outside Blog Called Shot Master

Very interesting Dorie. Here in PA the Buyer always pays for the Title insurance.

5:46pm • #11
388,883 Points 21 Featured Posts Outside Blog Called Shot Master

Dorie, great series....anyone looking to move to Austin must find YOU! Your the best!

6:18pm • #12
1,227,445 Points 79 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Hi Bobbie,

It just goes to show you real estate is local!

6:39pm • #13
1,501,833 Points 355 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Dorie...

This is an excellent series and a very good source of information for those looking to relocate to your area!

6:50pm • #15
1,586,571 Points 430 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Dorie

This is an excellent overview of a topic that confuses many, including agents. Here it is typical for the seller to pay the buyer's policy but the lender's policy is paid by the buyer. BUt all that is negotiable, and things are quite different when you are dealing with short sales and REOs.

Jeff

8:39pm • #18
JUL
24
294,635 Points 6 Featured Posts Attended Rain Camp Called Shot Master

Dorie, I can only repeat what others have said: excellent series.  You are going into great detail explaining title insurance.  A great resource for those looking to move to Austin but also homeowners who are considering moving up in Austin will find your blog educational.

8:30am • #19
JUL
31
189,395 Points 1 Featured Post Attended Rain Camp Called Shot Master

Excellent post idea, Dorie!  Hope you don't mind if I borrow your idea for the Northern Virginia area!

8:11am • #20
SEP
19
Outside Blog

Dorie,

 Wow, these are some great tips! I'm sure all of the people relocating to Austin appreciate them.

5:16pm • #21

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Dorie Dillard Realtor® Canyon Creek NW Austin TX homes for sale

Austin, TX

More about me…

Coldwell Banker United Realtors

Address: 9442 N. Capital TX Highway, Plaza Two Suite 150, Austin, TX, 78759

Office Phone: (512) 346-1799

Email Me

Author Bio: I was once a school teacher and still like the learning process. Only now I enjoy learning what dreams my clients have and what I can do to help them. I am a firm believer in asking the right questions. It is the only way to get answers that have helped me build an impressive business over the past 21 years and leave a trail of happy clients

Welcome to my ActiveRain real estate blog and profile. I'm a Realtor with Coldwell Banker United and specialize in NW Austin. Once a school teacher I still like the learning process. Only now I enjoy learning what dreams my clients have and what I can do to help them. Dorie Dillard, Real Estate Professional in Austin, TX

Dorie Dillard

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