Sonic Title

Unraveling the Debate: Which is More Important, Title or Deed in Real Estate?

Two critical documents stand out in the labyrinth of real estate transactions: the title and the deed. Both wield significant influence over property ownership, yet their roles and importance are often subject to debate. So, which holds more considerable sway in real estate—title or deed? Let’s unravel this age-old question and shed light on their respective significance.

Firstly, let’s define these terms. The title refers to the legal right to ownership and possession of a property. It encompasses the rights associated with property ownership, including the right to use, sell, lease, or transfer the property. On the other hand, the deed is a legal document that transfers the title from one party to another. It serves as tangible evidence of the transfer of ownership and typically includes:

  • Detailed descriptions of the property.
  • The names of the parties involved.
  • Any conditions or restrictions.

The title is the ultimate arbiter of property ownership. It serves to confirm that the seller has the legal right to transfer ownership and that there are no encumbrances or claims against the property. A clear title is not just important, it’s crucial for obtaining financing, securing insurance, and ensuring peace of mind for the buyer. Without a valid title, the buyer could potentially inherit legal disputes or financial liabilities associated with the property.

The deed, on the other hand, is the formal instrument that executes the transfer of ownership. While the deed is vital for documenting the transfer of title, its significance is primarily procedural. It acts as a legal record of the transaction. Still, it does not guarantee the validity or quality of the title itself. In essence, the deed is a vehicle for conveying the title from seller to buyer, but the title itself is the foundation of property ownership.

So, which takes precedence in the hierarchy of real estate? While the deed facilitates the transfer of ownership, the title confers the legal rights and protections associated with property ownership. Essentially, both are indispensable components of a real estate transaction, each playing a vital role in safeguarding the interests of buyers and sellers.

In conclusion, the debate over whether title or deed is more important in real estate is akin to asking which is more critical: the foundation or the framework of a building. Both are indispensable elements that work in tandem to uphold the integrity and stability of the structure. Similarly, title and deed are essential pillars of property ownership, each contributing to real estate transactions’ legal and financial security.

How does Title Work?

  1. Title Search: When a property is being bought or sold, the title company thoroughly examines public records to verify its ownership history. This search aims to uncover any existing liens, judgments, unpaid taxes, easements, or other encumbrances that could affect the property’s title.
  2. Title Insurance: Based on the title search results, the title company issues a title insurance policy to protect the buyer and lender against any unforeseen issues that may arise with the title in the future. This policy provides financial coverage for legal fees and potential losses resulting from title defects.
  3. Escrow Services: In many real estate transactions, the title company acts as the agent. They hold funds and documents in escrow until all sale conditions are met, ensuring a smooth transfer of ownership between the buyer and seller.
  4. Closing Services: The title company facilitates the closing process by coordinating the finalization of all necessary documents and funds. They ensure that all parties involved sign the required paperwork and that the funds are distributed correctly.
  5. Recording and Filing: The title company is responsible for recording the new deed and other relevant documents with the appropriate government agencies after the closing. This officially transfers property ownership from the seller to the buyer and ensures the transaction is legally binding.

A title company plays a crucial role in real estate transactions by assuring buyers and sellers that the property’s title is clear and accessible of any issues that could jeopardize their investment. Their services help facilitate smooth and secure transactions, giving all parties involved confidence in the legality of the transaction.

What is Title?

The property’s title serves as evidence of ownership, and it’s essential in a mortgage transaction because it determines who has the legal right to possess and use the property. Before approving a mortgage loan, the lender will usually conduct a title search to verify that the seller has a clear and marketable title, meaning there are no legal issues or encumbrances (such as liens, unpaid taxes, or claims from other parties) that could affect the borrower’s ownership rights.
Once the mortgage is approved and the loan is closed, the lender typically places a lien on the property. This lien gives the lender the right to foreclose and take possession of the property if the borrower fails to repay the loan according to the terms of the mortgage agreement. However, once the mortgage is fully paid off, the lien is released, and the borrower obtains clear title to the property, free from any encumbrances related to the mortgage.

Affiliated Business Arrangement Disclosure Statement
This is to give you notice that Sonic Loans Inc., Sonic Title Agency LLC, and Sonic Realty LLC have a business relationship. The nature of the relationship between the Referring Party and the provider(s), including percentage of ownership interest, if applicable, is: Sonic Loans Inc., Sonic Title Agency LLC, and Sonic Realty LLC are all 100% owned by the same party. Because of this relationship, this referral may provide any of the above parties with financial or other benefit.
A. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for settlement of your loan on, or purchase, sale, or refinance of, the subject property.
THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
Provider and Settlement Service Charge or Range of Charges
Sonic Realty LLC 1%-6% of purchase price
Sonic Title Agency, LLC Title Insurance Policy: $950 - $1706 on a $250,000 property. (Rates vary and are dependent on the state, selling price, and loan amount on the property.)
Title Search Fee: $250 - $325 (where applicable)
Closing Fee: $450 - $650
Sonic Loans Inc.

This company provides various real estate mortgage loan origination activities either as a third-party originator or a mortgage broker, including loan pre-qualification, competitive bid process (when providing third-party origination services), loan origination, loan pre-approval, loan structuring, processing, and closing.

Loan Origination Charge: 0-3 % of loan amount (may include 3rd party fees)
Loan Discount Fee/points: 0.5%-6% of loan amount.
Application/Processing Fee: $0.00 - $875.00
Flood and tax service: $0.00 - $95.00
Underwriting Fee: $0.00 - $1295.00
Document Review Fee: $0.00 - $400.00
Appraisal Fee: $0.00 - $850.00
Credit Report Fee: $0.00 - $135.00

Actual charges may vary according to the particular lender selected, the particular services provided, and the underlying transaction, borrower selections, etc. Some or all of these fees may be charged by third parties and/or the Member Mortgage Lender/Mortgage Broker. The Member Lenders and Mortgage Brokers have agreed to pay a fee ranging from 0.5% to 2.75% of the loan amount to Sonic Loans in connection with a range of loan origination services provided by Sonic Loans to the Member Lender/Mortgage Broker. The fees are paid either directly to Sonic Loans by the Member Lender/Mortgage Broker or billed directly to you at closing.
B. Set forth below is the estimated charge or range of charges for the settlement services of an attorney, credit reportingagency, or real estate appraiser that we, as your lender, will require you to use, as a condition of your loan on this property, to represent our interests in the transaction.
Sonic Loans Inc. provides mortgage lender/broker services. Sonic Realty LLC provides real estate brokerage services. Sonic Title Agency LLC provides title insurance and settlement services.

Provider and Settlement Service Charge or Range of Charges
Appraisal Fee $0-$800
Credit Report Fee $63-$125
 Actual charges may vary depending on the lender and loan program selected which can be found on your loan estimate.

ACKNOWLEDGMENT

I/we have read this disclosure form and understand that Sonic Loans Inc., Sonic Realty, LLC, or Sonic Title Agency LLC are referring me/us to purchase the above-described settlement service(s) and may receive a financial or other benefit as the result of this referral.