Understanding The Closing Process for Land Sales
The objective of this article is to fully explain the closing process of an average land transaction. It is the process from turning over possession of a property from one individual to another. It does not address the buyer obtaining financing. We will address land financing in a future post, but for the purposes of closing on a property, the method in which a buyer secures financing is not really of concern. When people refer to a closing, or a closing agent, they are referring to a Title Company…not a lawyer. That is one misconception. Often times they are under the same roof (Hometown Title for example is owned by Benckendorf and Benckendorf Law firm…who is also great), but they are separate entities. Lawyers review contracts, title work, etc…
The object for a title insurance company is to issue a clear title policy for a buyer and or lender. A one-time premium is usually paid by the Seller for the Buyer, and the policy is in full force as long as the buyer owns the land.
What follows is actually a simplified sequence of events from title order through closing. Every title file is different, but this is a general guideline of what happens from beginning to end.
The title company receives the title order form the Realtor/ Broker or attorney involved in the transaction. The title company usually also receives a copy of the contract. This is useful, not only in the search and examining stage but at closing.STEP TWO
That information is then given to a title searcher. The title searcher gathers relevant information from the County Recorder of Deeds, County Treasurer, County Clerk and sometimes the Circuit Clerk to complete a full search of the land and the Seller and Buyer. The searcher is looking for encumbrances and liens against the property and parties and also to verify the actual ownership interests of the land being conveyed. An example of and encumbrance would be an easement to CILCO. Some examples of liens are: mortgages, taxes, special assessments, water liens and weed cutting liens. The searcher also looks for any judgments or tax liens filed against both the buyer and the seller.
STEP THREE
When the title searcher completes the search, the file is then given to a title examiner. The title examiner reviews the documents provided by the searcher. Some examples of documents examined by the title examiner are surveys, deeds, mortgages, leases and easements. The examiner checks for defects in title and discloses all documents of special interest on the title commitment usually as “exceptions” to title. An exception to title is something we cannot insure over. They limit the use of the land in some way. Examples of some exceptions to title would be: an easement to CILCO, a Lease to an Oil and Gas Company, Creeks, Lake and Rivers that may affect the land, Railroad that may cross the land, lack of legal or actual access to the land, mortgages, taxes, special assessments, municipal liens, surveys, deeds or documents with restrictive covenants requiring compliance of the landowner, Home Owner’s Associations, vacation of alleys or roadways. Because what we are insuring is the full use of the land, and these documents in some way restrict the use of the land, we cannot insure over them so we note them as ”Exceptions” to the policy. I compare “exceptions” to “pre-existing conditions” on a health insurance policy. The title commitment also discloses the Owner of record, the Buyer, the Lender, Loan amount, Legal description, sale price and our requirements to issue policy.
STEP FOUR
When the interested parties receive and review the title commitment and the Lender is ready to close, a closing is set at the title company by the relator/broker, lender or attorney.
STEP FIVE
When the closing is set, the closer will contact all parties to ensure that all fees that need to be paid are put on the settlement statement. This may include taxes and tax pro-rations, credit for leases, rents and deposits, inspections, repairs, surveys, attorney fees commissions, payoffs of liens and so on. When the closing statement is complete, the closer usually will email the statement to all interested including lenders, realtors, attorneys, buyer and seller for review and approval. Any disagreements with the settlement statement or additional information to be added to the settlement statement should be disclosed to the closer at this time in order for corrections to be made prior to closing. When the closing statement is approved by all parties, the closing will take place. In most cases the Buyer and Seller attend the closing at the title company, however, in some cases the closing will take place with the use of email, overnight services and wire transfers. The documents to be signed are typically explained by the closer to the parties, although often a lender or an attorney will also offer explanation as well.
STEP SIX
When the documents are all signed, the money has been received into the title company escrow account, and the lender, if any, approves, the closer will disburse the funds and the closing is complete. While there may be discussion between buyer and seller as to items pertinent to the buyer interest, the transaction is closed. The closer will distribute checks and wire funds out if needed, and provide the documents to a title company employee for recording.
STEP SEVEN
After the documents are recorded, which is typically directly after closing, our policy department will issue the policy and mail the original deed with the policy to the buyer. This policy issuance usually takes place 2-3 months after closing, sometimes sooner.
ASSOCIATED COSTS…
Customarily Seller pays for the following fees:
Owner’s Policy premium based on sale price
The Owners Policy premium is based on a sliding scale rate sheet so for example sale price of $10,000.00 property the premium would be $100.00 but as your sale price increases, so does the premium. We offer discounts for prior title evidence and sometimes offer a special rate per thousand if the amount of insurance is $1 mil and up or if the property is part of an entire subdivision that we are issuing title on.
Owners Policy
Search and Exam fee per parcel
Closing Protection letter fee
Deed preparation
State and County transfer stamps (based on sale price at $1.00/1000)
County transfer stamps (based on sale price at $.50/1000)
City transfer stamps if applicable (most cities do not charge a fee)
Unpaid taxes
Pro-rations (Taxes, Rents, deposits, propane etc) (usually a credit to buyer but may be a credit back to seller)
Payoffs of existing mortgages and liens
Recording of Releases of Mortgage(s) and any other liens as may be necessary
Repairs/treatment which may necessary as disclosed by an inspection
Overnight and wire fees if necessary
Commission based on sale price
Home Warranty, if negotiated
Attorney fees if necessary
Survey fees (typically split between buyer and seller)
Any other fees which may arise during the search and closing process
The Buyer pays for the following fees:
Loan Policy (if a lender is involved) simultaneous issue with Owner’s Policy
Lender required endorsements to the Loan policy
Loan Policy
Lender and Borrower Closing Protection letter fee
Closing fee
Commercial farm property
Anti-predatory Lending Certificate (Peoria County only)
Recording of the Deed and Mortgage, and any other lender documents as may be necessary, Survey
All lender/loan associated fees
Overnight and wire fees if necessary
Inspection fees (termite, well, radon, mold etc.)
Survey fees if necessary (typically split between buyer and seller)
Attorney fees if necessary
Any other fees which may arise during the search and closing process
Understanding the land buying process
Land is valuable. Its value and importance makes it a very sensitive asset to acquire. This being the case, you should be careful and take all the necessary steps to ensure that you get a good and legitimate deal. Below is a summary of the basic steps to take before you become a land owner.
Identify the land
People use different features in identifying the land they intend to purchase. These include the location, price, topography and population among others.
Conduct a search at the lands registry
After identification, one should conduct a search to prove the legitimacy of the land and also to know the real owner(s). At this stage, you will need a copy of the title deed from the seller.
Conduct a second search at the county office
The county office search gives details on the rates and whether the payments are up to date.
Get two land maps (for the specific plot, for the whole area)
Each of these maps cost. They can be obtained from a surveyor or in the Ministry of Lands. The difference between the two maps is that one of them is drawn to scale for the specific piece of land while the other is an area map.
Site visit/ verification of the land
At this stage you will need to visit the land. You should be accompanied by the owner/ seller and preferably a surveyor.
Sale agreement
If satisfied, you should sign a sales agreement. If possible, you should have a lawyer. The sales agreement should include all the details of the land.
Clearance by the Land Control Board
This board is made up of county commissioners and village elders. The purpose of this board is to ensure that there will be no dispute between the family of the seller and the buyer after the sale of the land.
Transfer
At this point the payments ought to have been made. The new owner should carry all the clearance certificates, KRA pin certificate and passport photos. This process of getting a new title should take two weeks.
Stamping
The stamping should be done after the government has valued the land. The value of the land may not be the buying price. The value dictates the stamp duty. The stamp duty also varies depending on the location of the land i.e. urban or rural area.
When dealing with a real estate company like us this process is shorter because all the necessary documents have been acquired for you.