Title Insurance Agent, Title Insurance,Title Insurance Companies, title reports, abstract of title, land, abstracting, real estate, escrow services, mortgage closing services, state of Arkansas, Fort Smith, Arkansas, title, legal, lawyer, title companies, abstract companies

Title Insurance Agent, Title Insurance, title reports, abstract of title, land, abstracting, real estate, escrow services, mortgage closing services, state of Arkansas, Fort Smith, Arkansas, title, legal, lawyer, title companies,  Mosley abstract companies  
 
Local Custom & Historical Notes

The local custom of contracts interpretation is based upon the historical course of business and current "understandings" among local real estate professionals. The following sets out our understanding of local custom and contract analysis. HOWEVER, ALL TERMS AND CONDITIONS ARE NEGOTIABLE AND YOU SHOULD CONSULT AN ATTORNEY WITH ANY QUESTIONS.

1. ESCROW/CLOSING FEE is usually split between the buyer and seller.

2. PRIOR EVIDENCE OF TITLE AND TITLE INSURANCE - Historically Abstracts of Title were used to transfer property. An Abstract is just a book containing all of the recorded instruments affecting the property. This Abstract was then examined by an Attorney who gave a written opinion on the title. Presently, almost no lenders will accept an Attorney's opinion when taking a mortgage on real property. They require Title Insurance. Once the buyer is required to purchase title insurance for their lender there is minimal additional expense to purchase Owners Coverage which insures their interest. Historically, the seller paid for the Abstract update and the buyer paid for the Title Opinion.

 

If seller obtained Owners Title Insurance when they purchased the property a re-issue credit may be available if a copy of their policy is submitted with the Closing Order.

3. Revenue Stamps are fully discussed under "Fees" but are usually split between the buyer and seller.

4. Filing fees are usually paid by the party benefiting from the document. Seller pays for release of existing Mortgages and corrective documents and Buyer pays for Deeds and Mortgages. The fees can be quite expensive as the charge for the first page of each document is $8.00 with each additional page being $3.00. (NOTE THAT ALL RECORDED DOCUMENTS MUST BE ON 8 ½ BY 11 INCH PAPER AND THE FIRST PAGE MUST HAVE A 4.5 INCH MARGIN AT TOP FOR RECORDING INFORMATION. The clerk will not record any document which does not conform.)

5. Seller usually pays for the preparation of the Warranty Deed.

6. Termite inspection or Policy. New termite treatment contracts can be expensive and payment is determined by contract terms. If seller presently has the property under Termite Contract then for a transfer fee (usually $25.00 to $100.00) that contract can be transferred to purchaser.

7. A current Survey of the property is usually always advised by real estate professionals and attorneys. However, some buyers to minimize the expense of closing elect to view the property themselves and rely on upon fences and obvious lot lines to establish the boundaries. A prior surveyor should not be relied upon. A survey drawing is an opinion of a licensed surveyor directed to a particular client who ordered its production. The only liability of the surveyor is to his client (s). Additionally, Copyright protection is claimed and it may be a violation of Federal Law to copy a survey.

8. Property and Casualty Insurance- Buyer is usually required by Lender to provide a paid up one year Casualty Insurance Policy. Buyer should begin early to obtain quotes and select a Insurance Agent. This information should be communicated to the Title Company.

 
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The Mosley Abstract & Title Insurance Company

Main Office
2520 Rogers
P.O. Box 2124
Fort Smith, AR 72902-2124
479-782-3054
FAX 479-785-0614
Greenwood Office
Greenwood, AR 72936
479-996-6858


Send E-mail to: mosleyorders@mosleyabstract.com
 

 
 

 


 
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