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Exploring the Intricacies of Title Work in Commercial Real Estate with Insights from Anthony Dobey of Chicago Title! 🏢


Chicago Title Insurance Company operates in Oklahoma as a resource during commercial property transactions. Some of their services include title insurance, closing and escrow assistance, construction disbursing, recording & special projects and 1031 exchanges.



The legal ownership of a piece of property or an asset is demonstrated by a title.

 

Title insurance gives the assurance that any possible clouds, on the subject property that is being purchased, are discovered, and disclosed to the buyer before closing. This allows for corrections for the defects to be implemented before the purchase takes place.

 

Title Insurance offers protection in the event that any previously unreported claims under your policy materialize and endanger your real estate ownership. Defects on a title might involve issues like fraudulent activity, forgery, liens, encroachments, easements, incorrectly recorded paperwork, and a conflicting claim of ownership from another party or individual. Different Title Insurance policies protect the insurance holder in different ways. In some cases, these protections may involve contesting the defects or reimbursing the insurance holder based on the insurance agreements.


ANTHONY DOBEY,  Senior Commercial Escrow Officer at  Chicago Title Oklahoma offers these insights regarding title work on commercial properties:

 

Most Common Tips Related To Title Work Distribution:

  • We highlight the key requirements in the body of our send out email, so that helps summarize what we need to be closeable.

  • Reviewing exceptions is key to inform your client of covenants, restrictions, ROFRs, lease filings, etc that may relate to the property (if an issue of marketable title, these will typically also be shown as requirements and as exceptions)

  • Ensure the client and / or their counsel are given the commitment ASAP to allow ample time for objection and due diligence, to obtain payoff info, evaluate liens that should have been released, etc.

  • At this moment of distribution, is a good time to check PSA deadlines, and potentially schedule a target close date with escrow

 

Most Common Order Entry Aids:

  • In the new order, please indicate key parties if possible to expedite our entry process (Names, contacts, companies, etc)

  • If any prior Owner’s policy exists for property, that will help expedite abstracting and examination

  • If there is a tight window for due diligence or title delivery, please indicate when sending order over so we can file note

  • Be cautious to review if parking or any adjacent beneficial parcel is meant to be transacted by same parties so the contract features both legals, tax IDs, etc. (Happens a lot with parking lots being left off contract)

  • If carving down a site later (they currently own 20 acres, but they will sell let’s say 5 acres later, legal TBD, we can start title work on the parent parcel, we just need the final transacted legal as soon as it’s available to review and carve down our cert and commitment)

 

Most Common Issues We Run Into:

  • Entity in title not having current documentation (Inactive SOS, lacking an operating agreement, etc.)

  • When listing a property, check with owner to ensure they have all of this ready or in progress for the property sale

  • Buyer not realizing that an Owner’s policy only gets survey coverage if Title reviews a current, accurate ALTA survey. We remind recipients when title work comes out, but if it’s a tight turnaround, it’s best to get that survey started at order entry, as they take 2-4 weeks on average and cost between $1,500 - $3,500 usually

  • If any endorsements are needed to policy(ies), the sooner we know what is desired, the earlier we can request documentation and identify what is needed for review / approval

  • Prior liens or payoffs, where the lender confirmed it had been paid, but never filed the release(s) in county records. Having Loan officer or bank contact details for prior or current liens is advisable.

 

Understanding the need for title insurance and the great amount of work that goes into maintaining the insurance policies is beneficial for everyone involved in Commercial Real Estate. The ability to guide clients or protect your own investments through title work is extremely valuable. 


To learn more about title insurance, or the work done by the Chicago title company, visit with Anthony Dobey at (405) 810-2400 


If you are interested in growing your investment into Commercial Real Estate

Call Horizon Commercial Real Estate at (405) 628-7481

& email (Nicole.Mayes@Horizoncreok.com)        



 


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