Home Buying in 44256>Question Details

Guest, Both Buyer and Seller in New Jersey

I am getting a mortgage,who does the title search and survey, my lawyer or the bank?

Asked by Guest, New Jersey Mon Jan 23, 2012

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The entire purpose of title insurance is for the title policy to cover damages in the event of the lien-makers position worsening.

Purchasing title insurance will help protect you from these disputed title issues.

Reference Link: http://titlecompanies.net/
1 vote Thank Flag Link Thu Jun 11, 2015
Hi! Per your question, you're getting a mortgage. However the question you're asking the company/loan officer should be handling for you. If you're looking to purchase in Ohio, and you want a full service company to take care of these needs, let me know. I'd be happy to actually walk you through the entire process. Otherwise, the short answer is as you've already been told: If you're purchasing in NJ, your attny will do the search. If you're looking to purchase in Ohio, the loan originator/lender will request the search on your behalf from the title company that will insure the settlement. Again, I'd be more than happy to work with you if you're looking for someone to fill that spot, my contact information follows. Warm Regards, Kimberly Lawson Mortgage Loan Originator T/F: 888-659-3848 kimberly.lawson@fpfmail.com http://kimlawsonloanofficer.com NMLS:5601 OH.LO.004495.000 First Priority Financial Inc "Where Open Minds Close More Home Loans" 748 N. Court Street, Suite 201 Medina, OH 44256 NMLS:3257 Licensed by Ohio Division of Financial Institutions, MB.850147.001
0 votes Thank Flag Link Tue Feb 5, 2013
The title company does they title search. The title company performs the search in one of two ways. Either maintains records that duplicate the county records or it searches the county's records.

The survey is performed by a licensed surveyor, often or usually at the title company's direction.

Your lawyer and the bank will both examine the title search and survey for issues.
0 votes Thank Flag Link Tue Sep 25, 2012
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0 votes Thank Flag Link Tue Sep 25, 2012
Hi Guest, good answers so far....

Many states require an attorney to do the closing, so your attorney will walk you through the title search and help you order the survey. Some states allow closing agents or attorneys, again, either one will be happy to discuss these issues, remember, they are working for you and the seller. Most states allow the buyer to choose the closing agent or attorney, I suggest strongly you do so.
Best wishes on your new home purchase!

Jim, American Bank
0 votes Thank Flag Link Tue Jan 24, 2012
Good morning Guest :)

I see you are making the inquiry from New Jersey but are asking the question in the Medina, Ohio market. Each state has varying customs in regards to how real estate transactions are handled. If you are using a Realtor for your purchase in Ohio and the standard contracts, these questions will be reviewed and answered by that documentation and process. If you are buying a for sale by owner, I would hope you would consult a Realtor or Real Estate Attorney to walk you through the process. Typically in Ohio, a Title Company will do a title search and have an attorney prepare the deed for transfer. A survey may mean location survey or a full survey so be sure of what you are expecting. Most lenders require a location survey which just ensures them and the title insurance policy that there are no encroachments to protect their interest. If you are expecting a pin location and line survey you will need to indicate that in your expectations. This is just scratching the surface of the details of the process but you are headed in the right direction by asking questions. The particulars are best handled by working with a professional you are comfortable with to walk you through the process especially if you are doing the Ohio transaction long distance....it can certainly expedite the process for you and make sure your expectations are met with no surprises.
0 votes Thank Flag Link Mon Jan 23, 2012
Your attorney would do the title search or hire a title company to do it for them. Survey while not typically required are absolutely worht having done if there's land with your property. Without a survey you will compromise your title insurance. Again this is typically ordered by your attorney.

Good Luck!
0 votes Thank Flag Link Mon Jan 23, 2012
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