Transferance of Good Marketable Title from Seller to Buyer
THE SELLER PROVIDES TITLE EVIDENCE
Within thirty (30) days prior to the date of Closing, the Seller, at the Seller’s expense, will furnish the Buyer (or the Buyer’s Lender) a current Uniform Commercial Code Search Certificate, a complete surface-rights-only Abstract of Title certified to a date subsequent to the Time Reference Date by an Oklahoma licensed and bonded abstract company (or in lieu of a complete surface-rights-only Abstract of Title a copy of the Seller’s existing owner’s title policy issued by a title insurer licensed in the State of Oklahoma together with a supplement surface-rights-only abstract last certified to a date subsequent to the Time Reference Date, by an Oklahoma licensed and bonded abstract company), and, if required by the Lender, a Mortgage Inspection Certificate prepared by a Professional Land Surveyor.
MORTGAGE INSPECTION CERTIFICATE
A Mortgage Inspection Certificate is defined as a representation of the boundaries of a parcel of real property (without pin and stakes) and the improvements thereon. It is prepared by an Oklahoma licensed Professional Land Surveyor.
The Mortgage Inspection Certificate may be required by a lender to confirm the location of the Property, the buildings, and possible encroachments. It is not a Land or Boundary Survey or a Staked Survey. The Mortgage Certificate is for the Lender only and should NOT be relied upon by the Buyer.
LAND OR BOUNDARY SURVEY (PIN STAKE SURVEY)
By initialing a space at Paragraph 10-C of the Contract, the Buyer agrees to waive the Seller’s obligation to provide a Mortgage Inspection Certificate. The Seller agrees that the Buyer, at the Buyer’s expense, may have a licensed surveyor enter upon the Property to perform a Land or Boundary (Pin Stake) Survey, in lieu of a Mortgage Inspection Certificate, that shall then be considered as part of the Title Evidence.
There are different types of surveys and the Buyer’s cost will depend on the type of survey selected by the Buyer. For example: A boundary (staked survey) is the physical location of boundary corners, and some details such as fence lines, platted easements, and other easements given to the surveyor. On the other hand, an ALTA survey is much more in depth. It is for the Owner and it will remove the survey exclusion on the Owner’s Title Policy. Consequently, the cost of an ALTA survey will be more than the cost of a staked survey.
If the Buyer has any questions regarding lot lines, easements, or encroachments, it is recommended that the Buyer contact a surveyor of the Buyer’s choice to determine the cost and type of survey the Buyer desires.
THE BUYER EXAMINES TITLE EVIDENCE
If a mortgage is involved, the Lender will have the abstract (title) examined. The lender’s title examination does not protect the Buyer.
It is recommended that the Buyer have the abstract (title) examined by an experienced title attorney.
ATTORNEY’S TITLE OPINION
The Buyer, at the Buyer’s expense, may obtain an Attorney’s Title Opinion and shall be responsible for any additional Lender required documents, except the Mortgage Inspection Certificate, which is a Seller’s expense.
The Buyer has ten (10) days to have the Seller’s title evidence examined and to deliver the Buyer’s objections to Title.
In the event the title evidence is not made available to the Buyer ten (10) days prior to the Closing Date, the Closing Date may be extended by the Buyer up to ten (10) days from receipt to allow the Buyer time to examine the title evidence.
The Buyer agrees to accept title subject to the following, which shall not be considered objections for requirements of Title:
- utility easements serving the property
- building and use restrictions of record
- set back and building lines
- zoning regulations
- reserved and severed mineral rights
OWNER’S TITLE INSURANCE POLICY
The Buyer, at the Buyer’s expense may obtain a Title Insurance Policy (Owner’s and/or Lender’s). The Lender will require the Buyer to purchase a Lender’s policy, but does not require the Buyer to purchase an Owner’s Title Insurance Policy. However, I very much advise Buyers to purchase a combination Owner’s / Lender’s policy.
There are two types of Title Insurance policies: a Lender’s Policy and Buyer’s (Owner’s) Policy. In most financed transactions, Title Insurance is required by the Lender (Lender’s Policy) to cover the Lender’s loan. The Lender’s Title Insurance does not protect the Buyer, even though the Buyer pays the Title Insurance premium.
It is recommended that the Buyer obtain an Owner’s Title Examination and/or Owner’s Title Policy. Lien and survey coverage are usually not included in an Owner’s Title Policy. The Buyer will need to discuss with the title examination attorney the costs and possible requirements to add these coverages. If an Owner’s Title Insurance Policy is purchased by the Buyer, the Buyer should have the policy binder/commitment reviewed by an experienced title attorney.
THE SELLER MUST CORRECT ISSUES WITH THE TITLE
If the Buyer’s or Lender’s attorney has a valid objection to the title or the “Mortgage Inspection Certificate,” the Buyer must notify the Seller in writing in care of the Listing Broker. The Seller will then have 30 days to satisfy a valid objection. The Closing date will be delayed up to 30 days, or such additional time as the Buyer shall grant in writing.
DELAY CLOSING DATE
When closings are delayed, the date of closing is negotiated between the Buyer and the Seller according to provisions outlined in the Contract.
Both Buyers and Sellers should be aware that problems can arise that may delay closing at the last minute. Sometimes the problem is on the Seller’s side and sometimes the problem is on the Buyer’s side. Sometimes there are issues regarding title problems; sometimes there are issues regarding mortgage approval problems. Sometimes these problems can be corrected quickly and sometimes they take a little longer.
I recommend that backup provisions be made to live out of a small suitcase and possibly stay in a motel for a night or two just in case closing is unexpectedly delayed. In any event, do not put everything you own on the moving truck. Anything can happen at the last minute to delay the closing. Be flexible. Expect the unexpected. Then enjoy the excitement of anticipation. Then be grateful and joyful when everything goes smoothly according to everyone’s expectations.
OWNERSHIP OF THE ABSTRACT
Upon Closing, any existing Abstract(s) of Title owned by the Seller become the property of the Buyer.
It’s a good idea to allow the abstract to be stored at the abstract plant for a small fee. Rebuilding a lost abstract is extremely expensive and time consuming.