Why I want the Deal to Go To My Title Company

By
Real Estate Agent with Coldwell Banker Residential

I want the deal to go to a title company that I know.  Period.  I don't care about what kind of cookies they bake, I don't care if they are grumpy and unwelcoming.    I just want them to do the deal right, with no drama, no nasty little last minute charges.  The best escrow agent I have ever known is never going to get nominated for Ms Congeniality.  I take her my business because she is extraordinarily competent.  The first time I ever closed with her, I sat there with my hands folded, more or less in shock.  There was nothing for me to do. That isn't what usually happens.  This escrow officer explained every document perfectly, in a way that it was obvious that my client was following her.  She checked in with them to make sure they got it.  She paced it right.  She explained everything. What a pro!

frustrationHaving an interested and competent escrow agent working to close my deal can be the difference in a deal being heavenly or horrible.  And, don't forget the impact of a good escrow assistant.  Title work is a team effort.

I can't always drive the deal to my title company but if there is any chance at all of that happening, I am going to try and make it happen. Having said that, there are deals where I have absolutely no control or even input into where the closing happens.  Bank-owned properties are the prime example.  If you want to buy a foreclosed property you will be using whatever title company the bank designated.  That is just how it is going to happen.

When you buy a foreclosed property, your contract is going to get delivered to whichever title insurance company was the low-bidder when the bank put out a RFP for an escrow company.  In Texas, title insurance fees are set by the state.  There isn't any part of the title policy that can be reduced by the title company. What there is for a title company to negotiate are all the other fees that get charged.  And, believe me, the banks have done that negotiating.

Many of the monumentally bad experiences that I have had were with foreclosed properties.  Examples:

  • The title company lost the file.  I spent two days digging through THEIR filing cabinets.  This was a long time ago, before emailed documents.  Paper files were a whole lot more important at that time.  The title company staff wasn't available to look for THEIR file but they were willing to let me do it.  Seriously.  I had unrestricted access to their business files for two days.  You read that right.  I was unsupervised, digging my way through every filing cabinet in the building.  And this went on for two days until I found the file.
  • The buyer and I spent almost an hour driving to the fringe of our metropolitian area (why are these places always located in some obscure place?) only to be told that they weren't going to be able to close as scheduled because of something along the lines of an office baby shower had taken priority over our business.  Scheduled business.  It was on their calendar.  They just didn't care.
  • In another transaction, the buyer's name, although correct on the contract, got put on all the paperwork incorrectly.  We didn't spot it until after the closing.  So many other things were wrong at that closing that I just didn't catch it.  The mistake was discovered about 6 weeks later when my client got the recorded deed back in the mail.  By that time, the title company had gone bankrupt.  Their files were distributed to the remaining state-approved underwriting companies (there are only a handful of them in Texas).  It took two years to get a correction deed issued, signed and filed.  That file would come up to the surface of my desk periodically and I would make phone calls and send out emails and get promises and then nothing would happen and the cycle would begin all over again the next time the file caught my eye.  Eventually it got taken care of.  It just took two years.

I have more stories, but someone will have to ply me with strong drink if they want to hear more!

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Rainer
333,602
Frank Castaldini
Compass - San Francisco, CA
Realtor - Homes for Sale in San Francisco

The jokes like this, "How many real estate agents does it take to close a sale?  One good escrow agent."

Sep 11, 2012 12:05 AM #1
Rainmaker
298,606
Bud & Beth McKinney
RE/MAX UNITED - Cary, NC
Cary/Raleigh/Apex NC - The Team That Cares, RE/MAX United

How true, how true!  Competency is something we like to have in all of our dealings, but I also think attitude goes a long way!

Sep 11, 2012 12:10 AM #2
Rainer
192,348
Judith Abbott
Coldwell Banker Residential - Dallas, TX

Frank, thanks for a fast and quick summary of a Fundamental Truth.

Bud & Beth, as you point out, attitude is everything.

Thanks for stopping by!

Sep 11, 2012 12:18 AM #3
Rainer
172,308
Arizona Home Group RE/MAX Excalibur
The Arizona Home Group - Scottsdale, AZ

Wow!  This really hit home today.  All Escrow Officers are not created equal!

Sep 11, 2012 12:55 AM #4
Rainer
192,348
Judith Abbott
Coldwell Banker Residential - Dallas, TX

Arizona Home, if you really want to begin understanding what your Escrow Officer does for you, ask to see the Lender Closing Instructions for your next Buyer closing.  The detail that your Escrow person has to handle is just jaw-dropping.   It takes a special set of skills to be able to do what they do and I am SOOOOOOO glad that they can do it.....and I try and make sure that they understand that I really appreciate their time, toil and talent.

Sep 11, 2012 04:20 AM #5
Ambassador
3,155,483
Chris Ann Cleland
Long and Foster REALTORS®, Gainesville, VA - Bristow, VA
Associate Broker, Bristow, VA

With Short Sales, I wish Sellers could pick title companies and make the buyers use them.  The disbursements inevitably get screwed up because of a title company that has no clue what they are doing.  I try to firmly suggest, but you can't make a buyer close where you want them to.  

Sep 11, 2012 09:01 AM #6
Rainmaker
569,794
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

Read the bank addendums carefully...I cannot remember the last time one said that the buyer HAD to use their title company.

In fact they typically allow the buyer to choose their title agent, closing agent and even the escrow agent.

Homepath properties:  Page 1, #2B same thing.

The problem is not the banks, it is the agents who insist otherwise.  It is obvious that title kickbacks are alive and well.  You are right...all buyers need to use their own title agents.

Eve in Orlando

Sep 11, 2012 09:14 AM #7
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