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WHAT IS A 1031 EXCHANGE?

 

A 1031 exchange, also known as a tax-deferred exchange, allows you to exchange investment property and defer the "capital gains", which is the difference between the purchase price and selling price, when the selling price is greater, and "depreciation recapture taxes", which is the element of capital gain attributable to depreciation deductions taken on your property in prior years.

 

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What to Expect from Barrister Title Company





When we at Barrister Title Company issue a title policy you expect and deserve to be backed by our legal expertise and we guarantee you the following from us and our underwriters:

  • A policy which insures you the new property owner that should a prior claim arise against the property after the purchase has been completed. Title insurance in effect protects a policyholder against loss from some occurrence that has already happened, such as a forged deed somewhere in the chain of title.
  • You will be insured against loss resulting from defects of title to a specifically described parcel of real property.
  • A policy of indemnity issued by one of our title insurance underwriter that insures you the buyer or your lender against monetary loss or damage due to errors in the title as described in the policy and undeterminable facts that affect title such as fraud, forgery, unrecorded documents, unknown heirs, and many other factors.
  • An insurance policy to protect against losses from defects in the title. An example of a defect would be a forged signature on a previous deed.
  • An insurance policy to protect against losses from defects in the title. An example of a defect would be a forged signature on a previous deed.
  • A comprehensive indemnity contract under which Barrister Title Company and our underwriters companies warrants to make good a loss arising through defects in title to real estate or any liens or encumbrances thereon.
  • A comprehensive indemnity contract under which Barrister Title Company and our underwriters companies warrants to make good a loss arising through defects in title to real estate or any liens or encumbrances thereon.

 

During the process one of our agents from Barrister Title Company will be there to walk you through the entire procedure:

After a buyer and seller negotiate the terms of their deal and sign a sales contract, many tasks must be completed before we can officially close. Barrister Title Company acting as the title and escrow company coordinating the transaction's many elements, we will facilitate the process of getting buyer and seller to the settlement table by working closely with real estate professionals, brokers, lenders, insurers and others to ensure that the process goes smoothly.

 

Purpose of a Closing/Settlement:

As your closing agent, Barrister Title Company acts to ensure that: all provisions of the real estate sales contract are fulfilled; the Seller has good and marketable title to convey to the purchaser; the lender's instructions and conditions have been met; all costs incident to the sale (e.g. required inspections, lender fees, escrow account contributions, title insurance premiums, loan payoffs, homeowner association dues, water bills, taxes of all types, etc.) are paid and/or prorated to the appropriate parties; and that sale proceeds are disbursed in accordance with the seller's directions and local laws.

 

Prior to Closing Day:

Upon receipt of the signed sales contract, Barrister Title Company contacts the seller and buyer to obtain information essential to preparing documents and ordering any loan payoffs and to determine if all parties will be present at settlement. The land records will be searched to determine what liens and/or judgments encumber the property and the steps to be taken to ensure that good and marketable title will vest in the new owner. A survey is ordered and reviewed to determine if there are any encroachments on the lot or whether any buildings violate set-back lines or easement areas. Real Estate tax amounts and whether they have been paid current are verified and communicated to the lender along with a preliminary title report. When the lender provides closing instructions, a HUD-1 Settlement Statement is prepared and the parties review the statement and then agree to meet or close separately at our office or a previous agreed upon location to sign documents and close the transaction.

 

Closing Day:

The seller, buyer, and their respective real estate agents do the closing at our office or a agreed upon location to approve the settlement statement and sign documents. The real estate agents discuss and appropriately settle any outstanding contract conditions and walk-through inspection items. With lender approval, funds are escrowed as necessary for any discrepancies and as security for any seller rent-back. The deal is closed and the new owner takes possession of their new home.

 

Post Closing:

Once final title search is completed and legal documents are recorded, Barrister Title Company disburses funds to the appropriate parties within the applicable time limits.

We can do closings at our offices at 109 North Palafox Street or anywhere you need them to be done.

Please feel free to contact us for more information about the settlement process and the roles we play in it.