It was my understanding that for buyers title insurance, the buyer pays the premium fee, e.g. .375%/thousand and the insurance company then pays the closing attorney a large chuck of that to do the title exam.
Is this correct?
Last week I contacted my attorney that I've used for other matters in the past about a cash home purchase I'm making, an he said the I'll need to pay the .375% title insurance premium plus an additional fee for a title exam (which may be done by a third-party company). Is this standard, in this scenario is the attorney getting the same money from the title-insurer but not doing any work?
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Title Exam vs. Title Insurance
A Title exam is performed to determine that the chain of custody on a property is legal and that the seller is, in fact, the rightful owner. This can be performed by the closing attorney,or by a third party title examiner. The latter is very common, since title searches can take up a great deal of time, and it is not worth it to pay an attorney his/her hourly rate to do a search. The fee for the Title Exam, whether done by the attorney or a third party, covers the time spent researching the title documents and costs such as copies made at the registry of deeds.
Title insurance is to cover any defects in title that are essentially undiscoverable in the title exam. The two title exam companies with which my firm works determines your policy premium, based on the amount of the loan (using the lender's policy as an example). This premium is placed on the HUD (and is also broken down into the amount of the premium that the Title Ins. CO. gets, and the amount that the attorney gets). The premium pays for the policy coverage and for the policy preparation work done by the attorney. Without getting into the nitty-gritty details, this includes reviewing the results of the title exam (not performing it) to ensure that title is insurable, and drafting the required documents for the title insurance co. so that a policy may be issued (this may also include documentation to correct any detected title issues).
So the short answer is yes, this is typical - and no, the attorney is not getting paid twice for the same work. A typical purchase title exam will cost between $175 - $200. Re-finance exams, which do not need to go as far back into the records as purchases can cost between $75-$100, on average.