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The sale and financing of commercial real estate can be a complex process and title insurance plays an important role in the transaction. While commercial transactions are similar to residential transactions because they involve the transfer of property from one party to another, commercial transactions generally involve a larger financial investment, complex ownership entities and uses, and more extensive research to ensure the insured interests are conveyed properly and free and clear from any encumbrances.
Expertise and experience are the two essential ingredients necessary when you take a plunge into a commercial transaction. Our team of title and settlement professionals provides solutions to assist you in the simplest and most complex commercial transactions. As an independent policy-issuing agent of First American Title, you can rest assured that our expertise is also backed by the strength of an underwriter with over a century of industry experience.
Security is our number one priority. With two-factor authentication, virtualized single-tenant deployments, and other features, we continue to raise the bar for settlement software security. As an industry leader, we utilize cutting edge technology to keep your information and escrow funds safe.
SOC 2 Accredited: Our secure Qualia platform is the only SOC 2 accredited title and closing software, having successfully undergone a nationally-recognized and thorough audit that ensures industry leading security in data storage and handling procedures.
ALTA Privacy Best Practices: Our software has earned the ALTA Best Practices Pillar 3 compliance recognition after completing an independent audit process with A-LIGN, a third-party certified public accounting (CPA) firm and ALTA Elite Provider.
In additional to any policy endorsements you or your lender may require, our policies will protect against all four major risk categories:
LIENS
Typically relate to the priority of the lender’s mortgage or the buyer’s
deed in relation to other liens attached to the property, such as other
mortgages, state or federal tax liens, or court judgments resulting from
unpaid loans or unpaid contractor bills. In the commercial setting, such
unpaid items can be large and costly in the absence of insurance.
BASIC RISKS
Fraud, forgery, lack of authority, recorded notices of zoning violations or
building permit violations, and improper legal description of property.
Defects of this kind can be difficult to uncover during the title search
and examination process because of incomplete records, improper filing
and/or forgery of the relevant documents. In commercial transactions,
the parties transferring interests upon which policy holders rely are
often entities with complex ownership structures; a legal defect in the
transfer of those interests could impact the validity and/or priority of the
mortgage or the actual ownership of the property.
ENCUMBRANCES
Defects in insured title otherwise not excepted in the policy, such as
missing interests, easements or other recorded rights. An easement
may not affect an owner’s right to own or sell their property; however,
it may limit their use of the property which may result in a diminution
of the value of their real property. This is particularly important in the
commercial setting.
ESCROW AND CLOSING
Problems due to improper execution of closing documents and
improper recordings. In commercial closings, there are often numerous
documents to be executed by multiple parties and recorded properly.
If the closing of the mortgage or sale transaction was incomplete or
flawed, that could impact the validity and/or priority of the mortgage or
the actual ownership of the property.
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