Functions of a Title Company
Most people can't answer the question, "What are the functions of a title company?" Clearly, the reference "title company" implies a purpose of assuring title, but the title company goes beyond that. The title company actually handles the closing of the transaction by coordinating all parties -- the lender, the buyer, and the seller -- and preparing all necessary documents including the settlement statement (HUD-1). It also handles all the money involved in the closing. Through all this, the title company's main function is to provide title insurance to the prospective buyer and any lender financing the purchase.
Title insurers differ from other kinds of insurers in that they attempt to research and "eliminate" all risks of title defects rather than to "assume" risks. It is the ancillary function of the title company, then, to handle the actual closing to assure that the documents necessary to convey clear title have been properly executed and filed, and that all previous interests in the property have been disposed.
Title insurance in the State of Texas is regulated by the Texas Department of Insurance. The title company performs three major functions described as follows:
- The search and examination of titles sufficient to prepare a commitment for title insurance.
- The closing of the transaction or more particularly, the handling of all documents necessary to effect the transaction and disbursing the funds accordingly as escrow agent.
- The issuance of the title insurance policies to the buyer and any lender insuring the title as transacted.