Understanding Title Commitments: A Complete Guide for Real Estate Investors

A title commitment is one of the most important documents in any real estate transaction, yet many investors don't fully understand how to read and interpret it. This comprehensive guide will help you become proficient in reviewing title commitments and identifying potential issues before they become deal-killers.

What is a Title Commitment?

A title commitment (also called a title binder or preliminary title report) is a document issued by a title company that outlines the conditions under which the company will issue a title insurance policy. It's essentially a promise to insure the title to the property, subject to certain requirements and exceptions.

At Title Inc, we provide one-hour title commitments where property records allow, giving investors the speed advantage they need in competitive markets.

The Three Schedules of a Title Commitment

Schedule A: The Basics

Schedule A contains the fundamental information about the transaction:

• Effective Date: The date as of which the title search was completed
• Policy Amount: The amount of title insurance coverage
• Proposed Insured: Who will be covered by the title policy (typically the buyer or lender)
• Title to the Estate: The current owner of record
• Legal Description: The official property description including lot, block, subdivision, and county

Schedule B-I: Requirements

Schedule B-I lists the requirements that must be satisfied before the title policy can be issued. Common requirements include:

• Payment of all outstanding real estate taxes
• Execution and recording of necessary documents (deeds, mortgages, etc.)
• Payment of outstanding liens or judgments
• Satisfaction of existing mortgages
• Receipt of lien releases or subordination agreements

Schedule B-II: Exceptions

Schedule B-II identifies matters that will NOT be covered by the title insurance policy. These are critical to review:

How to Read a Title Commitment as an Investor

Step 1: Verify the Property Information
Confirm that Schedule A lists the correct property address, legal description, and current owner. Any discrepancy here could indicate you're looking at the wrong property or there's a recording issue.

Step 2: Review Schedule B-I Requirements
Identify any requirements that could delay closing or require significant funds. Pay special attention to outstanding liens or judgments that need to be satisfied.

Step 3: Analyze Schedule B-II Exceptions
This is where most problems are found. Look for red flags such as:

• Unreleased mortgages from previous owners
• Tax liens that exceed your budget for payoffs
• Mechanic's liens from unpaid contractors
• Easements that affect your intended use of the property
• HOA liens or special assessments

Step 4: Order a Survey if Needed
If there are concerns about property boundaries, encroachments, or easements, order a survey to identify physical issues not visible in public records.

Common Title Issues for Real Estate Investors

Unreleased Liens: Previous mortgages or home equity lines of credit that were paid off but never formally released. These can usually be cleared with proof of payment and an affidavit.

Judgment Liens: Court judgments against previous owners that attach to the property. These must typically be paid or negotiated down before closing.

Tax Liens: Federal (IRS), state, or local tax liens that take priority over most other claims. Some may survive foreclosure sales.

Mechanic's Liens: Claims by contractors or suppliers who weren't paid for work on the property. These can be especially problematic in fix and flip scenarios.

Probate Issues: When the property is part of an estate that hasn't been properly settled or when heirs have not properly transferred title.

How Title Inc Expedites Title Commitments

At Title Inc, we understand that speed matters in real estate investing. Here's how we deliver one-hour title commitments:

• Advanced Technology: Our proprietary systems access multiple data sources simultaneously
• Experienced Examiners: Our team knows what to look for and how to quickly assess title risk
• Streamlined Process: We've eliminated unnecessary delays without sacrificing accuracy
• Proactive Communication: We identify potential issues immediately and suggest solutions

Questions to Ask Your Title Company

When reviewing your title commitment, don't hesitate to ask your title company:

• What will it cost to clear each exception?
• How long will it take to satisfy each requirement?
• Are there any "clouds on title" that could prevent closing?
• Will any exceptions affect my ability to resell or refinance?
• Can you provide cost estimates for required surveys or legal work?
• Are there any undisclosed liens or judgments we should investigate?

Bottom Line: A title commitment is your roadmap to a clear title. Understanding how to read and analyze it will save you time, money, and headaches in your real estate investing career. Title Inc's team is always available to walk you through any commitment and explain potential issues in plain language.

Wholesaling Real Estate: Understanding Assignment Contracts and Title Services

Real estate wholesaling has become one of the most popular entry points for new investors, requiring minimal capital while offering significant profit potential. However, wholesaling involves unique title considerations and legal requirements that every wholesaler must understand. This guide covers everything you need to know about wholesaling transactions and how Title Inc supports wholesalers nationwide.

What is Real Estate Wholesaling?

Wholesaling is a real estate investment strategy where an investor (the wholesaler) contracts to purchase a property from a seller and then assigns or sells that contract to an end buyer before the closing date. The wholesaler profits from the difference between the contracted price with the seller and the price the end buyer pays.

Key Players in a Wholesale Transaction:

• Seller (A): The property owner who wants to sell
• Wholesaler (B): The investor who gets the property under contract
• End Buyer (C): The final buyer who will take ownership of the property

Two Main Wholesaling Methods

Method 1: Assignment of Contract

In an assignment, the wholesaler signs a purchase agreement with the seller and then assigns their rights under that contract to the end buyer for a fee (the assignment fee or wholesale fee).

How it works:

1. Wholesaler negotiates a purchase contract with the seller at $100,000
2. Wholesaler finds an end buyer willing to pay $115,000
3. Wholesaler assigns the contract to the end buyer for a $15,000 assignment fee
4. End buyer pays $100,000 to the seller and $15,000 to the wholesaler
5. End buyer receives the property deed directly from the seller

Advantages of Assignment:

• Simpler transaction with only one closing
• Lower closing costs
• Less cash required from wholesaler
• Faster process

Disadvantages of Assignment:

• Seller sees the wholesaler's profit (can cause issues)
• Not all contracts are assignable
• Some lenders or properties prohibit assignments
• May require seller consent

Method 2: Double Closing (A-to-B, B-to-C)

In a double closing, there are two separate transactions: the wholesaler first purchases the property from the seller (A-to-B transaction), then immediately resells it to the end buyer (B-to-C transaction).

How it works:

1. Transaction 1 (A-to-B): Wholesaler buys property from seller for $100,000
2. Transaction 2 (B-to-C): Wholesaler sells property to end buyer for $115,000
3. Both transactions typically close on the same day
4. Wholesaler profits $15,000 minus closing costs

Advantages of Double Closing:

• Seller doesn't see the wholesaler's profit
• Works with any property or seller
• No need for assignment clauses in contracts
• More privacy for the wholesaler

Disadvantages of Double Closing:

• Higher closing costs (two transactions)
• May require transactional funding or proof of funds
• More complex coordination
• Requires a wholesale investor-friendly title company

Legal Requirements for Assignment Contracts

For an assignment of contract to be valid and enforceable, it must meet certain legal requirements:

State-by-State Variations

Wholesaling laws vary by state. Some states have specific licensing requirements or restrictions:

• Illinois: Requires real estate license for wholesaling in some cases
• Oklahoma: Has strict wholesaling regulations and licensing requirements
• Florida: Generally allows wholesaling but prohibits certain marketing practices
• Michigan: Allows wholesaling; must disclose assignment intent to sellers

Always consult with a local real estate attorney to ensure compliance with your state's laws. Title Inc works with wholesalers in all 50 states and can guide you on local requirements.

How Title Inc Supports Wholesalers

1. Fast Title Commitments
Our one-hour title commitments give you the information you need to evaluate deals quickly and make confident offers.

2. Assignment and Double Closing Expertise
We handle both assignment transactions and double closings (A-to-B, B-to-C) with expertise and efficiency. Our team understands the nuances of wholesale transactions.

3. Transactional Funding Coordination
We work with transactional funding sources to facilitate double closings when you need short-term capital for the A-to-B transaction.

4. Flexible Closing Options
We accommodate same-day double closings, remote closings, and mobile closings at no additional charge to meet your and your buyers' schedules.

5. Clear Fee Structure
No hidden fees. We provide transparent pricing for both assignment closings and double closings upfront.

6. HUD-1 / Closing Disclosure Preparation
We prepare accurate closing documents that properly reflect assignment fees or double closing transactions in compliance with federal guidelines.

Assignment vs. Double Closing: Which Should You Choose?

Choose Assignment When:

• The seller is comfortable with your wholesaling strategy
• Your profit margin is modest (won't shock the seller)
• The contract explicitly allows assignment
• You want to minimize closing costs
• Speed is essential

Choose Double Closing When:

• You want to keep your profit margin confidential
• The seller may object to assignment
• The property is bank-owned (REO) or a short sale
• The contract prohibits assignment
• You're building credibility as a buyer

Wholesaling Best Practices

1. Always Use Proper Contracts: Include "and/or assigns" after your name on purchase agreements
2. Get Title Commitments Early: Order title work as soon as you have a property under contract
3. Build a Buyer's List: Maintain relationships with multiple end buyers to move deals quickly
4. Transparent Communication: Be honest with sellers about your intentions and process
5. Use Professional Title Companies: Work with companies like Title Inc that understand and support wholesaling
6. Verify Funds: Ensure your end buyer has proof of funds or financing before assigning contracts
7. Set Realistic Timelines: Build buffer time into your closing dates
8. Stay Educated: Keep current on local laws and real estate regulations

The Bottom Line: Wholesaling can be highly profitable when done correctly with the right team. Title Inc's expertise in assignment contracts, double closings, and one-hour title commitments gives wholesalers the competitive advantage needed to close more deals successfully.

A-to-B & B-to-C Transactions: The Complete Guide to Double Closings

Double closings, also known as simultaneous closings or back-to-back closings, are essential tools for real estate investors who want to maintain privacy about their profit margins or work with properties where assignment isn't an option. This comprehensive guide explains everything you need to know about A-to-B and B-to-C transactions.

What is a Double Closing?

A double closing involves two separate and distinct real estate transactions that typically close on the same day:

• A-to-B Transaction: The investor (B) purchases the property from the original seller (A)
• B-to-C Transaction: The investor (B) immediately sells the property to the end buyer (C)

The investor briefly takes title to the property (sometimes for just minutes) before selling it to the end buyer. The investor's profit is the difference between the two purchase prices, minus transaction costs.

Double Closing Example

Types of Double Closings

1. Simultaneous (Wet) Closing

Both transactions close on the same day, with the B-to-C closing providing the funds for the A-to-B closing. This is the most common type and requires careful coordination by the title company.

Process Flow:

1. End buyer (C) brings funds to the closing table
2. Title company uses C's funds to pay seller (A)
3. A-to-B transaction closes first (deed recorded)
4. B-to-C transaction closes immediately after
5. Both deeds are recorded the same day

2. Dry Closing (With Transactional Funding)

The investor uses a short-term loan (transactional funding) to purchase the property from the seller, then uses the end buyer's funds to pay off that loan within 24 hours.

Process Flow:

1. Investor secures transactional funding (usually same-day loan)
2. A-to-B closing happens with transactional funder's money
3. B-to-C closing happens shortly after (same day or next business day)
4. End buyer's funds pay off the transactional loan
5. Investor keeps the profit after loan payoff and fees

Why Choose a Double Closing Over Assignment?

Privacy and Professionalism:
The seller never sees your profit margin. This prevents seller remorse or last-minute renegotiations when sellers realize how much you're making.

Works with Non-Assignable Contracts:
Bank-owned properties (REOs), short sales, and HUD homes often prohibit assignment. Double closings allow you to profit from these deals.

No Assignment Restrictions:
Some purchase agreements explicitly state "this contract is not assignable." Double closings bypass this restriction entirely.

Professional Appearance:
Taking title to the property, even briefly, presents you as a principal buyer rather than a middleman, which can be important for building credibility.

Lender Compliance:
Some end buyer lenders require the property to be owned (seasoned) by the seller for a minimum period. While this can complicate double closings, creative solutions exist.

Transactional Funding Explained

Transactional funding (also called flash funding or same-day funding) is a short-term loan used to fund the A-to-B transaction. These loans are typically:

• Duration: 1 day to 30 days (most commonly same-day)
• Amount: Covers the A-to-B purchase price plus closing costs
• Cost: Usually 1-2% of loan amount for same-day funding
• Requirements: Proof of B-to-C transaction (executed contract with end buyer)
• Collateral: The property itself serves as collateral
• No Credit Check: Most transactional funders don't check credit

How Title Inc Facilitates Double Closings

Experienced Coordination:
Our team has closed thousands of double closings and understands the timing and documentation required to make both transactions smooth.

Same-Day Dual Closings:
We schedule both closings on the same day, typically hours apart, to minimize holding time and transactional funding costs.

Proper Documentation:
We prepare two complete sets of closing documents (HUD-1 or Closing Disclosures) to ensure transparency and compliance.

Funding Coordination:
We work with transactional funders to ensure funds flow correctly and loans are paid off immediately from the B-to-C proceeds.

Recording Priority:
We handle the proper sequence of deed recording to ensure clear chain of title.

Confidentiality:
We maintain confidentiality between the A-to-B and B-to-C parties, so sellers and end buyers don't see each other's transaction details.

Common Double Closing Challenges and Solutions

Challenge 1: Title Seasoning Requirements

Problem: Some lenders require the seller (you, as the B party) to own the property for 90+ days before they'll finance the end buyer's purchase.

Solutions:

• Use cash buyers or private lenders who don't have seasoning requirements
• Structure the deal with a longer timeline and actually hold the property
• Work with portfolio lenders or small local banks with flexible guidelines
• Use transactional funding and wait out the seasoning period if profitable

Challenge 2: Recording Delays

Problem: County recording offices may take hours or days to officially record deeds, creating chain of title questions.

Solutions:

• Work with title companies experienced in double closings (like Title Inc)
• Use the same title company for both transactions
• Schedule sufficient time between closings for recording
• In some counties, same-day recording is standard practice

Challenge 3: End Buyer's Lender Concerns

Problem: The end buyer's lender discovers the property is changing hands twice and questions the transaction.

Solutions:

• Full disclosure to all parties about the nature of the transaction
• Provide the lender with both HUD-1 statements showing the complete transaction
• Ensure there's legitimate value being added (renovation, resolution of title issues, etc.)
• Work with investor-friendly lenders who understand wholesale and double closing scenarios

Challenge 4: High Transaction Costs

Problem: Two closings mean double the closing costs, eating into profit margins.

Solutions:

• Negotiate your fee to account for higher transaction costs
• Shop for competitive transactional funding rates (1-2% is standard)
• Use the same title company for both closings to potentially reduce fees
• At Title Inc, we offer competitive pricing and will match and beat competitor quotes

Legal and Compliance Considerations

Full Disclosure:
Always disclose the nature of double closings to all parties. Transparency prevents legal issues and builds trust.

Avoid Fraud:
Never use fraudulent statements or misrepresent facts. Double closings are legal, but deception is not.

Proper Licensing:
In some states, repeatedly conducting double closings may require a real estate license. Consult with a local attorney.

RESPA Compliance:
Ensure all settlement statements accurately reflect the transactions and fees. The Real Estate Settlement Procedures Act requires full disclosure.

State-Specific Laws:
Some states have additional regulations. Illinois, for example, has specific disclosure requirements for assignment and double closing scenarios.

Double Closing Checklist

The Bottom Line: Double closings are powerful tools for real estate investors who need privacy, flexibility, and the ability to work with any type of property or seller. Title Inc's expertise in coordinating A-to-B and B-to-C transactions ensures smooth, compliant, and profitable closings for investors nationwide.

Novation Agreements Explained: An Alternative to Assignment Contracts

While assignment contracts are popular among wholesalers, novation agreements offer a compelling alternative in specific situations. Understanding when and how to use novations can expand your deal-making capabilities and help you navigate transactions where traditional assignments fall short.

What is a Novation Agreement?

A novation is a legal mechanism that substitutes one party in a contract with another party, creating an entirely new contract. Unlike an assignment (where the original contract remains in place and rights are transferred), a novation replaces the original contract with a new one.

Key Distinction:

• Assignment: Wholesaler transfers their rights under the existing contract to the end buyer. The original contract remains valid, and the wholesaler may retain some obligations.
• Novation: The original contract is terminated and replaced with a new contract directly between the seller and the end buyer. The wholesaler is completely released from all obligations.

How Novation Agreements Work

Step-by-Step Process:

1. Initial Contract: Wholesaler enters into a purchase agreement with the seller
2. Find End Buyer: Wholesaler locates an end buyer willing to purchase the property
3. Novation Agreement: All three parties (seller, wholesaler, end buyer) sign a novation agreement
4. Original Contract Terminated: The wholesaler-seller contract is formally cancelled
5. New Contract Created: A new purchase agreement is created directly between seller and end buyer
6. Wholesaler's Fee: Wholesaler receives compensation (finder's fee, marketing fee, or consultation fee) separate from the purchase transaction
7. Direct Closing: Seller transfers the property directly to end buyer without the wholesaler taking title

Legal Framework of Novations

For a novation to be legally valid, it must meet these requirements:

When to Use Novation Instead of Assignment

Situation 1: Seller Refuses Assignment

Some sellers are uncomfortable with assignment contracts or don't understand them. They may fear losing control or suspect the wholesaler is making excessive profit. A novation can be presented as a cleaner transaction where the seller directly contracts with the actual buyer.

Situation 2: Lender Restrictions

If the property has existing financing and the lender prohibits assignments, a novation allows you to facilitate the sale without violating loan terms.

Situation 3: Corporate or Institutional Sellers

Banks, government agencies, and corporations often have policies against contract assignments. A novation agreement is more palatable because it creates a direct contract with the actual buyer.

Situation 4: Complex Title Issues

When there are title complications that need to be resolved before closing, a novation allows flexibility in restructuring the deal once issues are cleared.

Situation 5: State Law Restrictions

Some states have restrictions on contract assignments or require disclosures that make assignments unattractive. Novations may offer a compliant alternative (always consult with a local attorney).

Situation 6: Avoiding "Flipping" Disclosures

If the end buyer is using FHA or certain other financing, lenders may require extensive documentation for "property flips." Since novation creates a direct seller-to-buyer contract, it can simplify this process.

Advantages of Novation Agreements

• Complete Release of Liability: The wholesaler is fully removed from the contract with no lingering obligations
• Seller Approval: Easier to get seller buy-in compared to assignments
• Cleaner Transaction: Direct contract between seller and buyer appears more traditional
• Lender Acceptance: More acceptable to lenders who restrict assignments
• Flexibility: Terms of the new contract can differ from the original (price adjustments, timeline changes, etc.)
• Professional Image: Positions the wholesaler as a facilitator rather than a middleman

Disadvantages and Risks of Novations

• All Parties Must Agree: Requires seller cooperation, which isn't always guaranteed
• Loss of Control: Once novation is complete, wholesaler has no contractual control
• Potential Earnest Money Issues: Wholesaler may lose earnest money deposit if deal falls through during novation process
• Timing Risk: More complex process can take longer than a simple assignment
• Fee Negotiation: Wholesaler's fee must be negotiated separately and is more visible
• Legal Complexity: Requires more sophisticated documentation

Novation vs. Assignment: Direct Comparison

How to Structure a Novation Agreement

Tax Implications: Assignment vs. Novation

Assignment Income:
When you assign a contract, your assignment fee is typically treated as ordinary income and taxed at your regular income tax rate.

Novation Income:
With novation, your compensation may be classified differently depending on how it's structured. It might be a finder's fee, marketing fee, or consulting fee. Consult with a tax professional to optimize your tax treatment.

Important: The IRS looks at substance over form. If you're repeatedly using novations to facilitate property transactions, the IRS may treat you as a dealer, and profits may be subject to self-employment tax. Professional tax advice is essential.

How Title Inc Supports Novation Transactions

Expert Documentation:
Our legal team prepares proper novation agreements that protect all parties and ensure compliance with state law.

Three-Party Coordination:
We facilitate communication between seller, wholesaler, and end buyer to ensure everyone understands the process.

Proper Title Work:
We ensure the title examination reflects the novation correctly and that title insurance coverage is appropriate.

Escrow Management:
We manage earnest money deposits and ensure proper disbursement of funds, including the wholesaler's fee.

Closing Coordination:
We prepare closing documents that accurately reflect the direct seller-to-buyer transaction with separate compensation to the wholesaler.

Common Mistakes to Avoid with Novations

1. Failing to Get Seller Agreement Early: Don't wait until you have a buyer to discuss novation with the seller. Plant the seed early in negotiations.
2. Inadequate Documentation: Always use a formal, written novation agreement. Verbal novations or informal emails are legally risky.
3. Not Protecting Your Fee: Make sure your fee is clearly stated and secured before completing the novation.
4. Ignoring State Laws: Novation requirements vary by state. Consult with a local real estate attorney.
5. Using Without Understanding: Don't use novations just because they sound sophisticated. Use them when they serve a specific purpose.

The Bottom Line: Novation agreements are powerful tools for experienced wholesalers dealing with situations where traditional assignments don't work. While more complex than assignments, novations offer complete liability release and greater flexibility in certain scenarios. Title Inc's expertise in both assignment and novation transactions ensures you have the right solution for every deal.

Fix & Flip Title Considerations: Protecting Your Rehab Investment

Fix and flip investing offers substantial profit potential, but it also comes with unique title and legal risks that can quickly eat into your margins or derail your project entirely. Understanding these title considerations before you purchase a property is critical to protecting your investment and ensuring a smooth resale.

Why Title Issues Matter More for Fix & Flip Investors

Unlike buy-and-hold investors who have time to resolve issues, fix and flip investors work on tight timelines. Every day counts when you're paying holding costs, insurance, utilities, and loan interest. Title problems can delay your renovation start date, complicate contractor work, or prevent resale entirely.

Additionally, fix and flip projects often involve distressed properties, foreclosures, estate sales, and other non-traditional acquisitions—all of which carry higher title risk.

Critical Title Issues for Fix & Flip Investors

1. Mechanic's Liens

What They Are:
Mechanic's liens (also called construction liens) are legal claims filed by contractors, subcontractors, or material suppliers who weren't paid for work performed on the property. These liens attach to the property and must be satisfied before you can sell with clear title.

The Risk:

• Previous owner hired contractors who weren't paid
• Liens may not appear in public records until after you've purchased
• In many states, liens have "priority date" rules that can make them senior to your mortgage
• You could inherit liability for someone else's unpaid contractors

How to Protect Yourself:

• Order a comprehensive title search before purchasing
• Ask sellers directly about any recent work done on the property
• Request lien waivers from any contractors who worked within the statutory lien period (varies by state, typically 90-120 days)
• Consider purchasing enhanced title insurance with mechanic's lien coverage
• At closing, have sellers sign affidavits stating no work was performed without payment

2. Code Violations and Permit Issues

The Problem:
Many distressed properties have existing code violations or unpermitted work that becomes your responsibility once you take title. While these don't always appear as "title defects" in the traditional sense, they create legal encumbrances on the property.

Common Issues:

• Unpermitted additions or structural changes
• Open permits from previous renovation attempts
• Municipal code violations (building, health, fire safety)
• Zoning violations (illegal use of property)
• Environmental violations (asbestos, lead paint, fuel tank)

How to Protect Yourself:

• Research property history at the local building department
• Request a municipal lien search to uncover code violations
• Conduct thorough property inspections before purchase
• Negotiate with sellers to resolve violations before closing, or reduce purchase price accordingly
• Budget for bringing the property up to code as part of your renovation estimate

3. Contractor Insurance and Lien Waivers

When you hire contractors for your rehab, you're creating potential mechanic's lien exposure. Protect yourself by:

• Verify Insurance: Require general liability and workers' compensation insurance certificates from all contractors and subcontractors. You should be named as "additional insured."
• Use Written Contracts: Never rely on handshake deals. Get detailed written contracts specifying scope, timeline, payment schedule, and lien waiver requirements.
• Progress Payments with Lien Waivers: Pay contractors in stages and obtain a conditional lien waiver for each payment. Upon final payment, get an unconditional final lien waiver.
• Joint Checks: For major subcontractors (HVAC, electrical, plumbing), consider issuing joint checks to the general contractor and subcontractor to ensure subs get paid.
• Lien Waiver Types:
  • Conditional waiver upon progress payment
  • Unconditional waiver upon progress payment
  • Conditional waiver upon final payment
  • Unconditional waiver upon final payment

4. Boundary and Survey Issues

Why Surveys Matter for Flips:
Renovations often involve additions, decks, fences, or other improvements that could encroach on neighboring properties or violate setback requirements. A survey identifies these issues before you start work.

What to Look For:

• Encroachments: Is your neighbor's garage, fence, or driveway on your property? Is any part of the house you're buying on a neighbor's land?
• Setback Violations: Does the property comply with local zoning setback requirements?
• Easements: Are there utility easements, access easements, or drainage easements that limit where you can build?
• Flood Zones: Is the property in a flood zone requiring special insurance or construction standards?
• Lot Lines: Are fences in the right place? If you're adding a deck or garage, will it comply with setbacks?

When to Order a Survey:

• Any property without a recent (within 10 years) survey
• Properties with planned additions or major exterior work
• Properties with visible boundary disputes or unclear property lines
• Properties in subdivisions without well-defined lot markers
• When your title commitment shows survey-related exceptions

5. Tax Liens and Special Assessments

Property Tax Liens:
Distressed properties often have delinquent property taxes. These liens survive foreclosure sales in many cases and must be paid off before you can obtain clear title.

Special Assessments:
Municipalities sometimes levy special assessments for improvements (sewer, sidewalks, street paving). These become liens on the property and can total thousands of dollars.

How to Handle:

• Order a comprehensive tax search before closing
• Contact the local tax collector's office directly to verify all outstanding taxes
• Factor tax payoff amounts into your purchase offer
• Ensure closing documents specify that seller is responsible for all back taxes
• In some cases, negotiate with municipalities for reduced payoff amounts

6. Title Insurance for Renovated Properties

Why Standard Policies May Not Be Enough:
When you substantially renovate a property, you're increasing its value significantly. Your title insurance policy should reflect that increased value.

Consider These Coverage Options:

• Increased Coverage Rider: Increase your title insurance coverage amount to match the property's after-repair value (ARV)
• Mechanics Lien Coverage: Enhanced policy that covers mechanic's liens arising from your renovation work
• Permit and Zoning Coverage: Coverage for losses from building code or zoning violations
• Enhanced Access Coverage: Protection if access to the property becomes restricted

When to Update Coverage:
Contact your title company (Title Inc) before starting renovations to discuss increasing your coverage and adding endorsements to protect your investment.

Fix & Flip Closing Timeline Considerations

Speed Matters:
The faster you can close, the sooner you can start renovations and get to market. Delays in title work cost you money in lost time and holding costs.

Title Inc's Fix & Flip Advantage:

• One-Hour Title Commitments: Get preliminary title reports in one hour, allowing you to identify issues immediately
• Proactive Issue Resolution: Our team contacts lienholders, municipalities, and other parties to resolve issues quickly
• Same-Day Closings: Once title is clear, we can close deals the same day
• Mobile Closers: We come to you at no additional charge, accommodating your renovation schedule

Resale Title Considerations

When it's time to sell your flipped property, you want the process to be just as smooth. Prepare by:

• Final Title Search: Order a new title search before listing to catch any liens filed during renovation
• Collect All Lien Waivers: Organize final lien waivers from all contractors and suppliers
• Permit Compliance: Ensure all permits are closed out and signed off by inspectors
• Survey Update: If you've made additions or modifications, get an updated survey showing compliance
• Clear Liens Promptly: Pay off any construction loans or liens before listing
• Provide Documentation: Give your title company copies of all renovation contracts, lien waivers, and permits

Common Fix & Flip Title Mistakes

1. Skipping Title Insurance: Some investors buying cash skip title insurance to save money. This is extremely risky, especially with distressed properties.
2. Not Searching for Mechanic's Liens: Liens can be filed after your title search. Do a second search right before closing.
3. Ignoring Survey Exceptions: Don't dismiss survey requirements in your title commitment. Encroachments and setback violations can prevent resale.
4. Failing to Get Lien Waivers: Paying contractors without getting lien waivers leaves you exposed to future claims.
5. Not Budgeting for Title Issues: Always have a contingency budget for unexpected title problems.
6. Using Inexperienced Title Companies: Investor-friendly title companies like Title Inc understand rehab risks and move quickly.

Checklist: Title Protection for Fix & Flip Investors

The Bottom Line: Fix and flip investing requires careful attention to title issues from acquisition through resale. Mechanic's liens, permit problems, and other title defects can derail your profit or prevent you from selling. Title Inc's expertise in investor title services and one-hour commitment turnaround times give fix and flip investors the speed and protection they need to successfully renovate and resell properties.

Common Title Issues for Real Estate Investors: Problem-Solving Guide

Even with careful due diligence, real estate investors inevitably encounter title issues. The key to success is knowing how to identify, evaluate, and resolve these problems quickly and cost-effectively. This guide covers the most common title issues investors face and proven strategies for resolving them.

Understanding Title Defects vs. Title Clouds

Title Defect: A legal issue in the chain of title that creates a question about rightful ownership. Examples include missing signatures on deeds, unreleased liens, or fraudulent conveyances.

Cloud on Title: Any claim, lien, or encumbrance that could impair the owner's title or make it unmarketable. Clouds don't necessarily mean ownership is disputed, but they create doubt that must be resolved before sale.

The Most Common Title Problems and How to Solve Them

1. Unreleased Mortgages and Liens

The Problem:
A mortgage or home equity line was paid off years ago, but the lender never recorded a satisfaction or release in the public records. The lien still appears on title even though it's been paid.

Why It Happens:

• Lender oversight or administrative error
• Lender went out of business or was acquired
• Borrower lost payoff documentation
• Recorded in wrong county or with wrong legal description

How to Resolve:

1. Locate Payoff Documentation: Contact the previous owner for proof of payment (cancelled check, payoff letter, bank statement)
2. Contact the Lender: Even if the lender was acquired, contact the successor institution to request a belated satisfaction
3. Affidavit of Satisfaction: If the lender no longer exists, an affidavit from the borrower combined with proof of payment may suffice
4. Title Company Action: Your title company (Title Inc) can pursue a release through their channels
5. Quiet Title Action: As a last resort, file a lawsuit to have the court declare the lien satisfied

Timeline: 1-4 weeks for simple releases; 2-6 months for quiet title actions
Cost: $0-$500 for administrative releases; $3,000-$10,000+ for quiet title actions

2. Judgment Liens

The Problem:
A court judgment against a previous owner has attached to the property as a lien. These can be from lawsuits, unpaid debts, child support, or other legal obligations.

Types of Judgment Liens:

• General Judgments: Attach to all real property owned by the debtor in that county
• Specific Judgments: Attach only to a particular property
• Federal Judgments: IRS or federal agency judgments (these take priority over almost everything)

How to Resolve:

1. Verify the Judgment: Confirm it applies to the correct person (watch for common names)
2. Check Statute of Limitations: Judgments expire after a certain period (typically 10-20 years depending on state)
3. Negotiate Payoff: Contact the judgment creditor to negotiate a reduced payoff (many settle for 40-70% of balance)
4. Seller Responsibility: Negotiate with seller to pay off or reduce purchase price by judgment amount
5. Escrow Holdback: Hold funds in escrow from sale proceeds to pay judgment
6. Title Insurance: In rare cases, title companies may insure over old, questionable judgments

Timeline: 1-6 weeks for negotiation and payoff
Cost: Judgment amount (potentially negotiable) plus $100-$300 in recording fees

3. Tax Liens (Federal, State, and Local)

IRS Tax Liens:
Federal tax liens take priority over most other liens and survive many types of sales. If the previous owner owed back taxes, an IRS lien may still encumber the property.

State Tax Liens:
State income tax, franchise tax, or other state agency liens function similarly to IRS liens.

Property Tax Liens:
Unpaid real estate taxes create liens that take priority over mortgages and other encumbrances.

How to Resolve:

• IRS Liens:
  • Contact IRS to request payoff amount
  • Negotiate an "offer in compromise" for reduced payment
  • Request "discharge of property" (releases lien from specific property while maintaining lien on debtor's other assets)
  • Use IRS Form 14135 for discharge application
• Property Tax Liens:
  • Contact county treasurer for exact payoff amount
  • Verify penalties and interest calculation
  • In some cases, negotiate reduced penalty/interest
  • Ensure payoff at closing with escrow funds

Timeline: IRS liens: 30-90 days; Property tax liens: Immediate to 2 weeks
Cost: Full amount owed (IRS may reduce in some cases)

4. Mechanic's Liens

See the detailed discussion in the "Fix & Flip Title Considerations" section above. Key points:

• Filed by contractors or suppliers for unpaid work
• Often take priority from date work began, not date lien was filed
• Strict time limits for filing vary by state
• Must be paid or bonded off before clear title

Resolution Options:

• Negotiate reduced payoff with contractor
• Challenge validity of lien (improper notice, missed deadlines, work not done)
• Bond off the lien (post a surety bond instead of paying cash)
• Escrow holdback at closing to cover potential lien

5. Easement Issues

Types of Easements:

• Utility Easements: Allow utility companies access for lines, pipes, etc.
• Access Easements: Grant access to landlocked properties
• Prescriptive Easements: Created by long-term use (often unauthorized originally)
• Conservation Easements: Restrict development to preserve land

Common Problems:

• Easement prevents you from building where you want
• Easement grants neighbor access across your property
• Easement's exact location is unclear
• Easement was granted but never properly recorded

How to Resolve:

1. Survey: Order a survey to identify exact easement location
2. Negotiate Relocation: If easement is problematic, negotiate with easement holder to relocate it
3. Abandonment: If easement is no longer in use, request formal abandonment
4. Subordination: Have easement holder subordinate to your planned use
5. Title Insurance: Ensure your title policy covers easement issues

6. Deed Problems

Missing Signatures:
A deed in the chain of title is missing a required signature (spouse, co-owner, etc.). This breaks the chain of ownership.

Forged or Fraudulent Deeds:
Someone forged an owner's signature or fraudulently transferred the property.

Improperly Executed Deeds:
Deed wasn't properly witnessed, notarized, or acknowledged according to state law.

Grantee/Grantor Errors:
Names spelled differently, wrong legal description, or incorrect grantee information.

How to Resolve:

• Corrective Deed: Get the parties to sign a corrected deed fixing the error
• Affidavit of Correction: Minor errors can sometimes be fixed with an affidavit
• Quiet Title Action: For more serious issues, court action may be necessary
• Locate Missing Parties: Title companies have resources to track down people who've moved

Timeline: 2-8 weeks for corrective deeds; 3-12 months for quiet title
Cost: $100-$500 for corrective deeds; $5,000-$15,000 for quiet title litigation

7. Probate Issues

The Problem:
Property owner died and the estate hasn't been properly settled, or heirs haven't formally transferred title.

Common Scenarios:

• Owner died without a will (intestate)
• Heirs are fighting over the property
• Probate was never opened
• Executor hasn't completed probate process
• Missing or unknown heirs

How to Resolve:

1. Confirm Death and Estate Status: Obtain death certificate and check probate court records
2. Identify All Heirs: Determine all legal heirs through will or intestacy laws
3. Open Probate if Necessary: Work with attorney to open estate if it was never probated
4. Probate Deed: Obtain court order or executor's deed transferring property
5. Affidavit of Heirship: For small estates, some states allow simplified heir affidavits
6. Get All Heirs to Sign: If property passes to multiple heirs, all must consent to sale

Timeline: 3-18 months (probate is slow)
Cost: $3,000-$10,000+ in attorney fees and court costs

8. Boundary Disputes

The Problem:
Unclear property lines, encroachments, or disagreements with neighbors about boundaries.

Common Issues:

• Fences located on wrong property
• Buildings or driveways encroaching on neighbors
• Unclear lot lines in old subdivisions
• Adverse possession claims by neighbors

How to Resolve:

1. Order a Survey: Get a licensed surveyor to establish exact boundaries
2. Negotiate with Neighbors: Often boundary issues can be resolved by agreement
3. Boundary Line Agreement: Have neighbors sign a formal agreement establishing the boundary
4. Quit Claim Deed: Neighbor deeds small strip of land to resolve encroachment
5. Litigation: If neighbors won't cooperate, file a lawsuit to establish boundary

Timeline: 1-3 months for negotiated settlement; 6-18 months for litigation
Cost: $1,000-$3,000 for survey; $5,000-$20,000 for litigation

9. Missing or Unknown Heirs

The Problem:
Property has passed through an estate, but not all heirs can be located. Perhaps an heir moved overseas, disappeared, or their whereabouts are unknown.

How to Resolve:

• Heir Search: Hire a professional heir locator or genealogist
• Public Notice: Publish notice in newspapers as required by state law
• Petition Court: Ask probate court to declare property sold despite missing heir
• Purchase Heir's Interest: If heir is found, negotiate to buy out their interest
• Quiet Title: File lawsuit to clear title and cut off missing heir's interest

Timeline: 6-18 months
Cost: $2,000-$10,000+

10. HOA Liens and Assessments

The Problem:
Homeowners Association dues, special assessments, or fines have created a lien on the property.

Complications:

• HOA liens often survive foreclosure sales
• Super lien states give HOA priority over mortgages for certain amounts
• Special assessments can be large unexpected costs

How to Resolve:

1. Request HOA Statement: Get official account statement showing all dues, fees, and assessments
2. Verify Assessment Amounts: Review HOA documents to confirm assessment calculation is correct
3. Negotiate Payoff: Some HOAs will reduce penalties and interest
4. Escrow at Closing: Ensure funds are escrowed to pay off HOA at closing
5. Challenge Invalid Liens: If HOA didn't follow proper procedure, lien may be invalid

Timeline: 1-4 weeks
Cost: Amount owed (typically $500-$5,000)

Title Clearance Strategies for Investors

1. Factor Title Issues into Your Offer
When you discover title problems during due diligence, reduce your offer by the estimated cost and time to resolve them, plus a profit margin for the risk you're taking.

2. Use Contingencies
Include title contingency clauses in your purchase contracts allowing you to back out or renegotiate if title issues exceed a certain cost threshold.

3. Work with Specialists
Title Inc specializes in helping investors clear difficult title issues. Our experience and relationships can resolve problems faster and cheaper than DIY approaches.

4. Consider Title Insurance Exceptions
Sometimes it's cheaper to accept a title insurance exception for a minor issue rather than spend thousands clearing it—especially if the issue is unlikely to affect resale.

5. Build Reserves
Always have a contingency fund for unexpected title issues. Budget 1-3% of purchase price for title problem resolution.

When to Walk Away

Not every title issue is worth solving. Walk away from deals with:

• Title issues exceeding 10% of property value
• Complex multi-generational probate situations
• Fraud or forgery in the chain of title
• Multiple competing claims to ownership
• Unsolvable boundary disputes with litigious neighbors
• Issues that will take longer than 6 months to resolve

Your time and capital are valuable. Focus on deals with solvable title issues that offer adequate profit for the risk and effort.

The Bottom Line: Title issues are a normal part of real estate investing, especially when dealing with distressed properties, foreclosures, and estate sales. The key is identifying problems early through comprehensive title searches, understanding your options for resolution, and working with an experienced wholesale investor-friendly title company like Title Inc that can guide you through the process efficiently.