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Many real estate transactions involve probates, trusts, and other matters that could potentially delay your closing.

Here are a few title tips to help your title transaction move smoothly through escrow:

• The original Power of Attorney (POA) must be recorded.  It can be recorded at the same time the deed or mortgage is filed, but must be approved for use in advance of closing.
• A POA expires at the time of death of the principal (person granting the power of attorney).
• Any transfer of a property interest, including a mortgage, on behalf of a Trust requires a Memorandum of Trust to be recorded by Ohio law. 
• A Confirmation Affidavit of Transfer on Death, with an original death certificate is needed when a deceased owner held title with a TOD as well as a Medicaid Recovery Form.
• Signed waivers from all heirs/legatees are required as part of the probate process.
• If the property owner resided and died out of state, an Ancillary Probate may need to be opened in the Ohio County where the property is located.

Call or email us if you have any questions about your current or upcoming listings.

We’re happy to review, in advance, documents that may affect the title commitment.