Opening Title

Title company or closing attorney?

In the US, a neutral third party runs the closing. Depending on the state, that is a title company, an escrow company or a closing attorney. Some states require an attorney to be part of the closing. You do not need to know every state's rule: the client and the closing office will tell you. On this page, "title" means whichever one runs the closing.

Title does five things for the deal:

1. Holds money. Deposits and closing funds go into their escrow account, not to the seller or buyer directly.
2. Searches the title. They check public records for the owner, liens, judgments and other problems.
3. Clears problems. They tell you what must be fixed, and they pay off liens from the sale proceeds.
4. Insures the title. They issue title insurance so the new owner and any lender are protected.
5. Closes and records. They prepare the settlement statement, collect signatures, disburse the money and record the deed.

Choosing a title company

The client usually has preferred title companies. Your job is to use them, and to vet any new one before you send a file.

Why vetting matters

Not every title company will close investor deals. Some refuse assignments. Some will not show an assignment fee on the settlement statement. Some will not allow a double close funded by the end buyer's money. Some will not touch subject-to. Discovering this two days before closing kills deals.

Vetting checklist for a new title company

Call the office and speak to a closer or the escrow officer. Ask:

• Do you close assignments of contract, and how do you show the assignment fee on the settlement statement?
• Do you close double closings? Can the second closing's funds be used for the first, or must the first closing be funded separately?
• Do you close subject-to transactions? (Ask only if the client does these.)
• Can you prepare separate buyer and seller settlement statements?
• Do you order the municipal lien search automatically, or must we request it?
• What is your usual turnaround for the title commitment?
• Do you offer mobile notaries for sellers, and mail away or remote online closings where allowed?
• How do you verify wiring instructions? (The right answer includes a phone call to a known number.)
• Who is our day to day contact, and who is the backup when they are out?
• What fees do you charge for an assignment or a double close?

Record the answers in the title company's contact record in the CRM, with the date and the person you spoke to. Send the answers to the client and wait for approval before sending a file.

The opening package

Everything title needs to start work, sent in one email, on Day 0.

Always include

Item	Notes
Fully signed purchase agreement	Every page, every initial, every signature
All signed addenda and counteroffers	Name each file clearly so title can see the final version
Contact sheet	Seller, buyer, lender, agents, JV partner, client contact, you. Name, role, phone, email
Target closing date	From the contract
Deposit details	Amount, who is sending it, deadline
Deal type	Assignment, double close, Retail Partnership, subject-to, client purchase, JV
Request to order searches	Title search plus municipal, city, county and state lien searches
Request for written confirmation	Receipt of the file today, and a receipt for the deposit when it arrives

Include when it applies

Item	When
Assignment agreement	Assignment files, once the end buyer has signed. If not yet signed, tell title it will follow.
B to C contract	Double close files
JV agreement	JV files. Tell title how the fee is split and between which entities.
Buyer entity documents	First file with a new title company, or when the entity is new. Usually: articles of organization, operating agreement, EIN letter, certificate of good standing and a signing authority resolution if the operating agreement requires one.
Seller disclosures required by the state	When the client's process requires title to hold copies
Known issues	Anything acquisitions learned: owner deceased, divorce, back taxes, second mortgage, tenant in place
Lender contact and loan details	Client purchases with financing, Retail Partnership files with a buyer's lender
Subject-to documents	The seller's signed acknowledgments, loan information and authorization, as the client's documents require

Send entity documents in a separate email from the contract. Title often files them in a different place, and it keeps the main thread clean.

Intake checklist for the opening email

Run this before you press send.

• Subject line format: (PROPERTY ADDRESS) · New File · (DEAL TYPE) · Close (CLOSING DATE)
• Every attachment opens, is the final signed version and is named per page 11.
• The seller name matches the contract exactly.
• The buyer entity name matches the contract exactly.
• Contract price, deposit amount and deadline in the email match the contract.
• You asked title to order all searches.
• You asked for written confirmation of receipt today.
• You copied the people the client wants copied (and nobody else).
• You set a reminder to call title in 4 business hours if there is no reply.

Working with title day to day

Know your people

Title role	What they do	When you contact them
Escrow officer or closer	Runs the file and the closing	Most of your contact: status, documents, scheduling
Processor or assistant	Orders searches, chases payoffs, prepares documents	Document requests, payoff status
Title examiner	Reads the search and writes the commitment	Through the closer, for questions about requirements
Funder or disburser	Releases the money after closing	Through the closer, on closing day
Notary	Witnesses and notarizes signatures	Scheduled by the closer, confirmed by you

How to ask for things

• One file, one thread. Keep each file in its own email thread with the address in the subject.
• Number your requests. "1. Please confirm the deposit. 2. Please send the commitment. 3. Is the payoff ordered?" Numbered lists get numbered answers.
• Give a reason and a date. "We need the commitment by Thursday so the client can decide before the inspection period ends on Friday."
• Call for urgent items, then email to confirm. A call gets action. An email creates the record.
• Be warm and short. Thank them by name. Closers handle dozens of TCs; the polite, organized one wins.

Cadence with title

• At least twice a week on every open file.
• Every business day during closing week.
• Within 1 hour when anything changes: new addendum, new date, new party, new issue.

Seller information sheet and payoff authorization

Most title companies send the seller a short form asking for their full legal name, marital status, forwarding address, Social Security number for tax reporting, and details of every loan or lien on the property. They also ask the seller to sign an authorization so title can request mortgage payoff figures.

Your job:

1. Tell the seller on your first call that this form is coming and why. "The title company needs this to pay off your loan and send your money to you."
2. Help the seller understand each question. Do not fill in the form for them, and never ask them to send their Social Security number to you. It goes directly to title through title's secure method.
3. Follow up every 2 business days until title confirms it is back.
4. If the seller is stuck, offer a short call with the closer.

When title does not respond

Time since your email	Action
4 business hours	Call the closer. Leave a voicemail with the property address and the one thing you need.
End of the next business day	Call the main office and ask for the backup closer. Escalate Yellow to your team lead.
2 business days with a deadline approaching	Escalate to the client. The client may call the title owner or choose to move the file.

Check yourself

1. Name four questions you must ask a new title company before sending a file.
2. Why do you send buyer entity documents in a separate email?
3. A seller asks if they can text you a photo of their ID for title. What do you say?
4. Title has not replied to your opening email after 4 business hours. What do you do?
5. What is the difference between the escrow officer and the title examiner?

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