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Commercial and Residential Real Estate

Why do I need Title Insurance?

Title insurance is an insurance policy issued by a title company. It protects the purchaser or owner, against a loss that may arise by reason of a defect in your ownership or an interest you have in real property.  There are two different types of title insurance policies available:

An Owner’s Policy of Title Insurance  and a Loan Policy of Title Insurance

Since most property owners mortgage or borrow money at the time of purchase or during ownership, the lender can be expected to request protection of its investment against loss. Lenders generally insist upon a Loan Policy of Title Insurance to protect their investment in your property. An Owner’s Policy of Title Insurance protects your investment (equity) as the buyer or owner of the property. As the owner, you should want to have the same assurance as the lender so that the investment you have made cannot be lost because of a problem or defect with the title.

Title insurance is different from other types of insurance in that it protects you, the insured, from loss that may occur from matters or defects from the past. Other types of insurance such as auto insurance, life insurance, or health insurance, cover you against losses that may occur in the future. Title insurance does not protect against a defect that may originate at a later date.

There are numerous defects or problems that can arise to cause an attack to or loss of the title to your property. Some of these include problems not disclosed by the most careful search of the public records (the title search). Hidden risks can cause a total loss of your investment or heavy legal expenses in the defense of an attack on the title. Some title problems may show up months or years after the original purchase of the property.

Here are some examples of matters that can cause loss of title or an expensive lawsuit:

Forged deeds, releases, wills, or other legal documents

Failure of spouses to join in conveyances

Undisclosed or missing heirs

Deeds from minors, aliens, or persons of unsound mind

Errors in indexing of public records  Liens for unpaid taxes including estate, inheritance, income, or gift taxes

Mistakes in recording legal documents

Wills that have not been probated

Title insurance defends you in a lawsuit attacking your title and either corrects the title problem or pays the insured’s losses up to the fact amount of the policy. The policy also protects you after you sell the property for the defects occurring prior to your ownership that cause a loss to a purchaser if the title was warranted by you.   The title policy guarantees that at the date the deed was filed for record that the title was free of defects apart from those excepted to in the policy. The policy does not guarantee an actual amount of land.

How do you obtain Title Insurance and what does it cost.. Let us know that you want to purchase an Owner’s Policy of Title Insurance and we can tell you what it will cost. The cost is based on the purchase price of the property and your policy amount must be equal to the purchase price.

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Do you need a Deed prepared?

Do you need a Deed prepared?

Developers, do you have a new subdivision and need Deeds prepared from the new plan.  We specialize in metes and bounds descriptions.  Give us a call today @ 603-836-5309 or email terrie.dolan@trombleykfoury.com

 

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What you should know about Real Estate taxes

What you should know about Real Estate taxes

A lot of people seem to think that the Real Estate tax year begins on January 1st. This is not true. In New Hampshire the tax year runs from April 1st of the current year, to March 31st of the following year. New Hampshire sets the new tax rates during the month of October. The bills are then calculated and delivered to the property owners of record.  They are due 30 days from the date of the bill.  Most towns bill on a semi-annual basis.

If a tax payment is not made when due, interest is assessed at a rate of 12% per annum. Once a property has had a tax lien filed the interest rate increases to 18%. The value of your property is based on the value as of April 1st in any given year.

 

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Title Insurance equals Peace of Mind

Purchasing a home may be the single biggest investment you will ever make. Before closing on the home you will want to know that no other individual or entity has a right, title, lien or claim to the property.  Seeing that your rights and interests to the property are clear is the business of a title insurance company.  For a one-time title insurance premium  you will receive continuous title insurance protection in an amount equal to the purchase price of the property or its current market value.

Prior to a policy being issued, the title insurance company will complete extensive research into relevant public records, maps and documents to trace ownership of the property and determine if anyone other than you has an interest in the property.  Through its research, the title insurance company can usually identify any title problems that may arise and have these problems cleared-up prior to closing.

Typically your title insurance will protect you from loss if someone contests your title in a legal action or if there is a title defect that cannot be eliminated.  The title insurance company will protect you from  financial loss up to the amount of the policy.

Need more information, give us a call at 603-836-5309 or email terrie.dolan@trombleykfoury.com.

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What do you mean it’s called a Consummation?

What do you mean it’s called a Consummation?

Beginning on August 1st you can say good bye to scheduling a Closing or setting a Closing Date. From now on, the date that you sign your documents will be called a Consummation.

The Good Faith Estimate is also going away, it will soon be known as a Loan Estimate or LE.

If you just learned what we, in the real estate closing industry, so commonly refer to as just the “HUD” or sometimes the Settlement Statement, that is gone, too. On August 1, 2015 that will be known as the Closing Disclosure or CD.

Have any questions on these changes…we would be happy to answer them for you!

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What is an equalization rate?

The equalization rate is a ratio of total assessed value for properties in a community to those property’s true market values. This number represents the NH Department of Revenue Administration’s judgment of how closely assessed values match the market value.

For example, an equalization rate of 90% would mean that on average the property in your community is being assessed at 90% of its market value. Check back and we will have more on this topic.

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For Sale by Owner

For Sale by Owner

Are you selling your home without a realtor and need someone to prepare your Purchase and Sales Agreement.  We can help you with that!  Give us a call at (603) 836-5309 or email terrie.dolan@trombleykfoury.com for more information.

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Real Estate Titles and Closings – What Home Buyers Need to Know

Trombley and Kfoury will make sure that the title to a piece of real estate is good and then issue title insurance for that property. Title insurance protects the lender and/or owner against lawsuits or claims against the property that result from disputes over the title.

We also maintain an escrow account which contains the funds needed to close on your new home and we ensure that this money is used only for settlement and closing costs. At your closing, the settlement agent will bring all the necessary documentation, explain it to the parties, collect closing costs and distribute monies. Finally, we will ensure that the new deed and other documents are filed with the appropriate registry of deeds.

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The New 2015 Closing Disclosure – “Know Before you Owe”

The New 2015 Closing Disclosure – “Know Before you Owe”

If you hear the term “Know Before you Owe” this is what it means. The Consumer Financial Protection Bureau has made this the slogan for the changes coming into effect on August 1, 2015. This is when the new Closing Disclosure and Loan Estimate forms go into effect.

The Closing Disclosure is the new 5-page form that replaces the HUD Settlement Statement. The new regulations state that the Final Closing Disclosure must be provided to consumers at least three (3) business days before closing of the loan. The new Loan Estimate will replace the former Good Faith Estimate.

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