Experienced Representation In Business Law, Estate Planning And Tax Law

We have been serving the legal needs of clients in the Godfrey area for more than four decades. Our attorneys make the law accessible to our clients, explaining complex legal concepts in plain English and helping them make well-informed decisions about the future.
Schedule A Consultation With An Attorney
Farrell, Hamilton & Julian, P.C. Office Building

Experienced Representation In Business Law, Estate Planning And Tax Law

Experienced Representation In Business Law, Estate Planning And Tax Law

We have been serving the legal needs of clients in the Godfrey area for more than four decades. Our attorneys make the law accessible to our clients, explaining complex legal concepts in plain English and helping them make well-informed decisions about the future.
Schedule A Consultation With An Attorney
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Tri-County

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Background

Closing

Title Insurance

FAQs

Title Search

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Welcome to the Web site of Tri-County Title & Escrow, Inc. This site is designed to provide information about the services we offer. We are glad you have chosen to visit our Web site. We hope you enjoy your visit and return often as the site is expanded and updated.

Our experienced staff can assist you in the following areas:

  • Title, lien and tax searches.
  • Title insurance policies for owners and lenders.
  • Closing services for residential and commercial customers.
  • Letter reports identifying owners and mortgages.
  • Deed and money escrows.

Please contact our office if we can be of assistance.

Tri-County Title & Escrow, Inc.
1305 D’Adrian Professional Park, Suite B
Godfrey, IL 62035

Phone: (618) 466-9418
Fax: (618) 466-9105

Email: [email protected]

Background

Tri-County Title & Escrow, Inc. is an attorney-owned and operated, full service title company. Among the services we provide are title insurance and closing services for residential and commercial properties, escrow services, and title, name and tax searches.

Through our commitment, experience, expertise, and focus on customer services, Tri-County Title is able to provide topnotch service in any real estate transaction, whether simple or complex.

Our goal in every transaction is to provide extraordinary service and exceed the expectations of our customers. Our well-trained staff and customer-focused responsiveness help us achieve this goal. Our commitment to excellence will be apparent in every transaction.

What We Do

Tri-County Title & Escrow, Inc. writes title insurance policies. We also coordinate searches, title products and closing services for residential and commercial customers.

Our History

Tri-County Title & Escrow, Inc. was founded by attorneys who frequently handle real estate transactions. We have many combined years of experience in real estate transactions.

Experienced Staff

Our staff and attorney-owners are knowledgeable and experienced in real estate transactions.

Geographic Area Served

Our primary areas of focus are the Illinois counties of Madison, Macoupin, and Jersey. We also perform searches and title work in other Illinois counties.

Closing

The Closing Process

Closing is the process of completing a real estate transaction. The closing is sometimes referred to as a settlement. A closing includes:

  • Signing and delivering deeds, mortgages, leases, and other required documents.
  • Listing all costs between buyer and seller, including those paid at closing and any prepaid costs, and listing disbursement of money.
  • Recording of papers.
  • Payment of any outstanding liens.

Overview of title work and closing:

  1. Your attorney, real estate agent, or loan officer contacts us to request title work and schedule a closing, and sends us a copy of the contract agreement.
  2. We then prepare initial title work, including a search and examination of the title to determine whether there are any other claims of ownership against the title.
  3. We then issue a title commitment and list any requirements that must be satisfied. We forward a copy of the title commitment to your attorney, loan officer, and/or your real estate agent.
  4. If the contract requires that an existing mortgage be paid off, we will obtain payoff figures from the lender.
  5. We then prepare the “HUD-1” Settlement Statement, which lists the costs including those paid at closing and any prepaid costs, such as earnest money deposit or loan application fee. It also shows how the funds will be paid at closing.
  6. We meet with you to close the transaction, see that funds are appropriately paid, and that ownership of land is transferred using deeds.
  7. We see that any deeds or mortgages are recorded.

Title Insurance

What Is Title Insurance?

When someone buys real estate, that buyer is purchasing title to the real estate. The title purchased may be subject to rights and claims of others, such as mortgagees, tenants, and holders of easement interests. Title defects and encumbrances can have serious financial consequences that may interfere with the buyer’s continued use and possession of the property, and may even bring into question whether the buyer owns the property. In the case of a lender, title defects can put at risk the lender’s ability to protect its mortgage from other claimants.

Title insurance policies insure title to real estate for owners and mortgage lenders by:

  • Paying for losses that arise from errors in title examination or recording, or which result from hidden defects;
  • Paying legal expenses for clearing title defects; and
  • Assuring that the marketability of the property remains unimpaired from title defects.

Title policies are based on a search and review of the public land records and other relevant documents. A thorough examination is necessary to determine title ownership and any other matters affecting the title and use of the property.

Title policy coverage is long-term. The owner of real estate is insured for as long as he or she owns the property or is liable under the warranties included in his or her deed to convey the property. The mortgage lender continues to be protected upon foreclosure of the insured mortgage.

FAQs

Why Do I Need Title Insurance?

If a buyer is purchasing real estate and anticipates borrowing to do so, a standard lender’s requirement is a title insurance policy that ensures that the lender’s mortgage will have first priority over other possible claimants. A title insurance policy ensures that the buyer owns the property which is critical before the buyer makes the investment.

How Long Does It Take To Get A Title Commitment?

A typical loan commitment can be issued in about a week. This provides sufficient time for a searcher to check the county records, and for the title company to do investigation as to the property and accumulate prior title policies, contracts, surveys, and other relevant documents. If a prior title policy is available, this can help speed the process. If there are issues relating to the title, it can take longer.  If time permits, a title commitment can be expedited.

How Long Will It Take Before My Transaction Can Close?

The time it takes to close on a real estate transaction varies according to the circumstances and the availability of the information needed so that a title commitment can be issued, and a closing statement can be prepared. A residential transaction might typically take 30 days, but it can take less time if the information is available and all the participating parties have provided the documentation needed to close the transaction. A commercial transaction may take longer, but similarly, if all of the information is available, the transaction can close more quickly.

Is A Title Insurance Policy Similar To A Survey?

No. One of the standard exceptions contained in a title policy is that it does not ensure that the boundaries conform to an exact legal description. This is typically the subject of a survey. Often it is prudent for a buyer to purchase a survey, or review the survey obtained by a seller. Title insurance warrants that ownership of the property will be in the name of the buyer. Additional endorsements are available relating to the legal description for the property, but a survey is typically needed, and there are additional charges.

What If An Estate Is Involved?

Many of our search requests come from attorneys who are working on real estate that is associated with an estate. Depending on whether the estate is being probated or not, and depending on the state of title, additional considerations come into play to ensure that a personal representative has the ability to convey the real estate.

Does A Title Insurance Policy Warrant That Every Conceivable Claim To An Easement Has Been Reviewed As Part Of The Title Search?

No. The title search will locate easements that have been recorded in the county records, and are associated directly with the property. However, sometimes there are other parties making use of a property, but there is no easement of record. For example, there could be a manhole cover on property from a utility company, but for some reason no easement was ever obtained from the owner. Because this use is unrecorded, it will not show up in a title commitment or policy. Extended title insurance coverage is available to deal with unrecorded easements, at an additional charge.

Does The Title Insurance Policy Ensure That I Will Have Access To The Property?

Yes. The title policy affirmatively ensures against loss or damage sustained or incurred by reason of lack of a right of access to and from the land. While the title policy ensures that there is legal access, it does not ensure the exact location of the legal access, nor does it ensure physical access. If access is a critical concern, you should discuss this with the title representative.

If The Property Is Being Sold By An Entity, Are There Additional Requirements?

Yes. Whether the entity is a corporation, partnership, or limited liability company, a seller needs to confirm that the entity is in good standing with the appropriate authority, and that the parties who will sign the papers to sell the property have the legal authority to do so.

How Is Payment Handled At The Closing?

The Illinois Title Insurance Act requires that a payment of $50,000 or greater received from any single party be made by wired funds. If the payment is less than $50,000, a cashier’s check, or bank money order may be accepted. The parties should confer with the title company prior to closing to confirm the manner in which payment will be required.

Do I Need An Attorney?

A title insurance agency does not perform legal services on behalf of its customers. If you need legal advice, you should consult an attorney. A real estate transaction is often a complex process, and can be of great financial significance to the party involved. We encourage you to seek legal advice.

Does A Title Insurance Policy Warrant The Zoning For The Property?

No. The zoning for the property is a record typically maintained at the municipal or county level, and is not typically reflected in the title records. Therefore, to ensure the zoning of the property, contact must be made with the appropriate municipality or county.

What Is A Closing Protection Letter?

A closing protection letter provides the insurance underwriter’s assurance that a closing will be properly conducted and that the funds for closing will be properly disbursed. When title insurance from ATG is specified for your protection in connection with a closing, subject to certain conditions and exclusions, ATG will reimburse for an actual loss incurred by you in connection with a closing conducted by the title agency. A closing protection letter may be requested by a party in connection with a closing, and the letter should be reviewed closely to understand what it does, and that it is subject to certain conditions and exclusions.

Title Search

Please click on the link to view and print the Title Search Request Form