Escrow is the placing of something with a neutral third party, an Escrow Agent, until conditions are met. In a real estate transaction, the contract and Earnest Money are placed with the Escrow Agent soon after the contract is executed. The contract delineates the conditions that must be met by each party, such as the payment of the purchase price or the delivery of a deed to the property, before the transaction can be completed. In some states, the Escrow Agent is separate from the title insurance company, but in Texas both functions are handled through the same office, and sometimes just referred to as a Title Company.

In the purchase or sale of a home, the Escrow Agent (Title Company) not only receives the contract and Earnest Money but, throughout the time the contract is pending, may receive lender documents and funds, a survey of the property, payoffs of any mortgages or other liens affecting the property, information from homeowner’s associations affecting the property, verification of taxes for the property, home warranty and other invoices for services required by the contract, and information on the buyers and sellers in the contract that may have an impact on title to the property. Once all of the information required by the contract has been received by the Escrow Agent, they will prepare a Settlement Statement (which will be balanced with any lender’s Closing Disclosure) that details the final funds needed from the buyer and funds that the seller will receive after taking into consideration the charges and credits related to the transaction and called for by the contract.

Your Escrow Agent will do quite a bit of work while getting the contract to the point of closing, but they cannot do it alone. Receiving information and documentation from others requires those providing the information to act also. As your Escrow Agent, we do our best to communicate to the parties, lenders and vendors what we need and to provide items requested from us in a timely manner, and ask that others involved in transactions do the same. Communicating effectively and working together we can make your transaction a smooth and successful experience.

It is not unusual for buyers, sellers, and borrowers closing at our boutique title company in the Houston Heights to ask why they are paying for a title insurance policy and what title insurance covers.  Like any other insurance, title insurance provides protection when something goes wrong, with certain exceptions.  In the case of title insurance, it protects the policyholder, the buyer or lender, against loss if a “covered defect” is found in the chain of title to your property.   Covered defects are things such as 1) errors in the information contained in deeds and mortgage that have been filed in the public records; 2) liens or claims against the property (or a prior owner if the claim legally attaches to the property) that have not been paid or released; 3) claims of ownership by persons that occur prior to the transfer of title to the policyholder; and 4) invalid transfers of title, such as by someone who did not own the property or was not competent to transfer title.

            It is important to note that title insurance does not cover all issues regarding the property.   Title policies will take exception to (not cover) things such as 1) limitations on the use of the property (whether a property can be used as a business or residence); 2) easements, rights of way and other legal obligations of the property that are filed in the public records; 3) restrictive covenants (deed restrictions).

Is Title Insurance required?

            Title insurance is not required to purchase a piece of property.   However, lenders typically do require a title policy to be issued in conjunction with their loan in order to protect them in case of a title defect.   Defects in the title can cost thousands, even hundreds of thousands of dollars to fix, and can even result in the title being divested (taken away) from the purchaser of property or lenders losing the property as security for their loan.  The purchase of a home is typically the largest investment most people make, so while it is optional for a purchaser to obtain a title insurance policy, protecting one’s investment needs to be considered. 

How Much Does It Cost?

            Rates for insurance charged by title companies in Texas are set by the Texas Department of Insurance and is based on the sales price of the property or the dollar amount of the coverage being issued.   Title insurance rates range from 0.9% to less than 0.5% of the policy coverage amount (purchase price or loan amount), and owner policies are valid as long as the policyholder owns the property.   Substantial discounts are available when an owner title policy is being issued at the same time as a lender title policy covering the same property.  Additionally, if a property is being refinanced by the owner and only a lender’s policy is being issued, policy premiums are discounted based on the length of time from the loan being refinanced and the payoff amount on the loan being refinanced.

            While title insurance is not required, one would be hard-pressed to find a real estate professional that would recommend against obtaining title insurance when purchasing a property.  The cost of a title insurance policy covering the investment in the property is relatively low (especially considering discounts that are applied if a loan is being obtained to purchase the property) and is a one-time charge for a policy that is valid as long as the property is owned by the insured named in the policy.  Additionally, the party responsible for paying the cost of title insurance is negotiable, so it is not unusual for the Seller to pay the cost of the buyer’s owner title policy.

In memory of those who made the ultimate sacrifice so that we may have freedom today.

If you purchased a home in 2018, today is the deadline to file your Homestead Exemption. Visit your county Appraisal District website to download the exemption form.

Click here for Harris County  Click here for Fort Bend County   Click here for Montgomery County  Click here for Brazoria County

Please note our office will be closed on Friday, April 19th in observance of Good Friday. We will resume normal business hours on Monday.

We are open today!