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Understanding the Financing Statement in Title

Understanding the Financing Statement in Title

Understanding the Financing Statement in Title

Understanding the concept of a financing statement is crucial in real estate transactions. This legal document plays a significant role in ensuring transparency and security for parties involved in property financing. Let’s delve into a financing statement, its purpose, and its implications in real estate transactions.

What is a Financing Statement?

A financing statement, also known as a UCC-1 form (Uniform Commercial Code Form-1), is a document filed by a creditor to publicly declare interest in collateral a debtor provides to secure a loan. In real estate, this collateral often involves personal property rather than the actual property itself. However, it indirectly impacts the title and ownership of real estate through the lien process.

Purpose of a Financing Statement

The primary purpose of a financing statement is to notify the public and other potential creditors that the creditor has a security interest in the debtor’s property. By filing this statement with the appropriate state authority (typically the Secretary of State or a similar office), the creditor establishes a priority claim over the collateral if the debtor defaults on the loan. This notice helps protect the creditor’s rights and interests in the collateral against competing claims from other creditors or parties.

Role in Real Estate Transactions

In real estate transactions, financing statements indirectly affect the title and ownership of property in several ways:

  1. Mortgages and Liens: When a borrower obtains a mortgage to finance the real estate purchase, the lender may file a financing statement to secure their interest in the property. This filing serves as notice that the lender has a lien on the property, allowing them to foreclose if the borrower defaults.
  2. Title Searches: Potential buyers and lenders conduct title searches to verify the property’s ownership history and any existing liens or encumbrances. The presence of a financing statement indicates that there is a secured interest in the property, which must be addressed or satisfied during the transaction.
  3. Clearing Title: Before a property can be sold or refinanced, any existing financing statements must be addressed to clear the title. This often involves paying off the mortgage or lien associated with the financing statement and obtaining a release or satisfaction document to remove the lien from the property record.

Implications for Buyers and Sellers

For buyers and sellers of real estate, understanding financing statements is essential:

  • Buyers: Buyers must ensure that the title is clear of any outstanding liens or encumbrances that could affect their ownership rights. They may negotiate with the seller to address and satisfy any existing financing statements before completing the purchase.
  • Sellers: Sellers must ensure that all liens associated with financing statements are addressed and discharged to provide a clear title to the buyer. Failure to do so can delay or jeopardize the closing of the transaction.

Filing and Duration

Financing statements are typically filed with the state’s Secretary of State office or another designated filing office. The filing must include specific information about the creditor, debtor, and collateral. Once filed, the financing statement remains effective for a specified period, usually five years, but may be renewed or extended to maintain the creditor’s priority interest.

Conclusion

In summary, a financing statement is a critical document in real estate transactions that establishes and protects a creditor’s security interest in collateral provided by a debtor. While it primarily involves personal property, its impact on real estate transactions is significant due to the lien rights it confers. Buyers, sellers, and lenders must understand the implications of financing statements to ensure smooth and legally compliant property transactions. By addressing existing liens and securing clear titles, parties can mitigate risks and facilitate successful real estate transactions.

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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.