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Under contract · 4 steps · free · the same words a Keighbor seller reads
Why this page existsTitle is the part of a sale that happens entirely out of sight until something turns up.
Key takeaways
Title is open and you have an expected date for the commitment.
You have read the commitment and have a plan for every item that needs clearing.
Every lien has either a payoff or a release lined up.
The survey is on file with title and any exceptions are resolved.
1
Open title with your closing team
You're done when: Title is open and you have an expected date for the commitment.
The title search confirms you legally own the home and can sell it free of undisclosed claims. Opening title early gives your team runway to deal with whatever surfaces.
How to do it
Confirm your closing team has the fully executed purchase agreement.
Give them the current deed, a prior title policy if you have one, the most recent survey if there is one, and payoff contact details for every mortgage.
Answer their questions about past ownership, prior liens, and any unusual property history.
Ask when they expect the preliminary title report, called the commitment. Five to ten business days is typical.
Worth knowing
Providing prior documents can cut days off the search.
If something unusual surfaces - an old mortgage that was never released, a mechanic's lien, a boundary encroachment - your title company can usually handle it.
In many states the seller customarily pays for the buyer's owner's policy. Confirm who pays what in yours.
What it costs
Included in closing costs
Where to check
Written confirmation from your title company that the file is open
2
Review the title commitment
You're done when: You have read the commitment and have a plan for every item that needs clearing.
The title commitment lists every lien, easement, encumbrance, and exception that has to be cleared before closing. Reading it the day it arrives surfaces problems while there is still time to fix them.
How to do it
Read it when it arrives, and ask your closing team to walk you through anything unclear. It takes them ten minutes.
Identify the liens to be paid off at closing: mortgages, HELOCs, any tax liens.
Identify non-mortgage encumbrances: mechanic's liens, judgment liens, HOA liens.
Note the easements - utility, drainage, shared driveway. These are usually fine but need disclosing.
Flag anything unexpected straight away rather than waiting to see whether it matters.
Worth knowing
Solar-panel leases, PACE loans, and old undischarged mortgages surface here. All are addressable, and each one takes time.
The exceptions section shows what the title policy will not cover, typically easements and survey matters.
Most commitments are straightforward. Reading it is still the job.
What it costs
Included in closing costs
Where to check
Your title company, walking you through it line by line
3
Work with the closing team on title issues
You're done when: Every lien has either a payoff or a release lined up.
Liens generally have to be paid or released before the buyer can receive clean title. Finding them early is what lets you resolve them without moving the closing date.
How to do it
Get payoff statements for each mortgage and HELOC, good through the closing date. They include per-diem interest.
Resolve non-mortgage liens: pay, dispute, or negotiate a release with the creditor.
For an old lien that was paid but never released, your title company can chase the release.
Get written lien releases and confirm they will be recorded at the county.
Loop in an attorney for anything complex: a judgment lien, a tax lien, a disputed mechanic's lien.
Worth knowing
Payoff statements expire. Get one good through your actual closing date, not today's date.
Judgment liens, divorce decrees, probate, and estate matters usually involve an attorney.
A lien you did not know about is common and is not a disaster. It is a scheduling problem.
What it costs
Varies by lien. Attorney time where it is needed
Where to check
Written releases, and confirmation they will be recorded
4
Confirm or update the survey
You're done when: The survey is on file with title and any exceptions are resolved.
A survey confirms your boundaries, your structures, and any encroachments or easements. Some closings require a current one.
How to do it
Find your existing survey and give it to the title company.
Ask whether the lender or title company requires a new or updated survey.
Review it for encroachments - your shed on the neighbor's lot, or theirs on yours - and for easements.
Order a new survey if there is genuine uncertainty or a title exception to clear.
Loop in an attorney if there is a boundary dispute or an unexpected encroachment.
Worth knowing
Some states and lenders require a current survey. Others accept an old one with an affidavit.
An encroachment can affect title, negotiations, and future disputes. Ask your title company or attorney how it affects this sale.
Surveys take time to schedule, so ask early whether you need one.
What it costs
$400-800 for a new survey
Where to check
Your title company, on whether the existing survey is acceptable
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Every step of a home sale has a guide this long behind it. Your room opens them one at a time as you reach them, and whatever you work out gets saved into the step.
