What Does a Title Company Do When Buying a House?
A title company is a neutral third party that manages the legal and financial steps of a real estate transaction, including conducting title searches, holding escrow funds, issuing title insurance, and coordinating the closing process.
When buying a home, the title company plays an essential role in ensuring that the property can legally transfer from the seller to the buyer. Their job is to verify that the propertyās ownership history is clear, that there are no outstanding legal claims against the property, and that all funds and paperwork are handled correctly during closing.
Title companies work with several parties involved in a real estate transaction, including the buyer, the seller, the real estate agents, the mortgage lender, and the title insurance provider. Because real estate transactions involve complex legal and financial requirements, most buyers rely on title companies to manage these details and ensure the process moves smoothly.
Understanding what a title company does during the home buying process can help buyers feel more confident as they move from making an offer to closing on their new home.
Title Company Role in the Home Buying Timeline
Once a home purchase agreement is signed, the title company becomes heavily involved in the transaction.
| Stage | Title Company Role |
|---|---|
| Offer Accepted | Open escrow and hold earnest money deposit |
| Inspection Period | Begin title search and ownership research |
| Loan Processing | Provide title commitment to lender |
| Pre-Closing | Prepare closing documents and coordinate with lender |
| Closing Day | Distribute funds and record the property deed |
Throughout the process, the title company helps coordinate communication between all parties and ensures that legal requirements are met before ownership transfers.
Handling Earnest Money and Escrow
When buyers submit an offer on a home, they often include earnest money, which is a deposit demonstrating their intent to purchase the property.
The title company typically holds this money in an escrow account, which is a secure account managed by a neutral third party until the transaction is complete.
Escrow accounts protect both the buyer and the seller by ensuring that funds are held safely while the transaction moves forward. The title company may also hold funds from the buyerās mortgage lender until all closing documents have been signed.
Once closing occurs, the title company distributes the funds according to the terms of the purchase agreement.
The Title Search Process
One of the most important services a title company provides is conducting a title search.
A title search is an investigation of public records to verify that the seller has the legal right to transfer ownership of the property.
During the title search, the title company reviews historical records related to the property to identify potential issues such as:
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Unpaid property taxes
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Outstanding mortgages or liens
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Errors in ownership records
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Fraudulent or forged documents
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Boundary disputes
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Easements affecting property use
The goal of the title search is to ensure there are no legal obstacles preventing the transfer of ownership to the buyer.
Reviewing the Title Commitment
After the title search is completed, the title company issues a preliminary title report, commonly known as a title commitment.
The title commitment outlines:
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Current ownership of the property
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Any recorded liens or claims
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Easements or restrictions affecting the property
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Conditions that must be met before issuing title insurance
This report allows buyers, lenders, and real estate professionals to review potential concerns before closing.
If issues are discovered, they must be resolved before the transaction can proceed.
Common Title Problems That Can Delay Closing
Occasionally, title searches uncover issues that must be resolved before the property can be transferred to a new owner.
Common title problems include:
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Unpaid property taxes
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Unreleased mortgage liens
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Claims from unknown heirs
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Errors in public property records
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Fraudulent property transfers
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Boundary disputes between neighbors
Resolving these issues is known as curing the title. The title company works with the appropriate parties to resolve these problems so that the property becomes eligible for title insurance.
Issuing Title Insurance
Once the title search confirms that the property is insurable, the title company facilitates the issuance of title insurance.
Title insurance protects buyers and lenders against financial loss if issues related to the propertyās ownership arise after closing.
Unlike other insurance policies that protect against future events, title insurance protects against past ownership issues that may not have been discovered during the title search.
Examples include:
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Previously undiscovered heirs
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Fraudulent documents in past transfers
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Unknown liens against the property
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Recording errors in public records
Title insurance helps protect the buyerās ownership rights if these problems arise in the future.
Owner's Title Insurance vs Lender's Title Insurance
There are two types of title insurance policies commonly issued during real estate transactions.
Owner's Title Insurance
Ownerās title insurance protects the buyerās ownership rights to the property. If a legal issue related to the propertyās title arises after closing, the policy may help cover legal expenses or financial losses.
Lender's Title Insurance
Lenderās title insurance protects the mortgage lenderās financial interest in the property. Most lenders require this policy before approving a mortgage loan.
Both policies are typically issued at closing.
Acting as the Closing Agent
Title companies frequently serve as the closing agent for residential real estate transactions.
As the closing agent, the title company coordinates the final steps of the transaction and ensures that all legal documents are completed correctly.
Responsibilities during closing include:
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Preparing closing documents
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Collecting funds from the buyer and lender
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Paying off existing liens or mortgages
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Distributing proceeds to the seller
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Recording the deed with the county
Once these steps are completed, the buyer officially becomes the new owner of the property.
What Happens on Closing Day
Closing day is the final step in the home buying process.
During closing, buyers typically review and sign several important documents, including:
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Loan agreements
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Title insurance documents
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Property transfer documents
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Closing disclosures
Once all paperwork has been signed and funds have been transferred, the title company records the new property deed with the county.
After the deed is recorded, ownership officially transfers to the buyer.
Professionals Working at a Title Company
Several professionals work together at a title company to manage the transaction.
Escrow Officer
The escrow officer oversees the transaction and communicates with buyers, sellers, lenders, and real estate agents throughout the process.
Title Examiner
The title examiner researches property records and reviews ownership history to identify potential legal issues affecting the title.
Title Attorney
The title attorney supervises legal aspects of title insurance policies and ensures compliance with legal requirements.
Because title companies must remain neutral, the title attorney cannot provide legal advice to the buyer or seller.
Title Companies in Texas Real Estate Transactions
In Texas, title insurance and title company services are regulated by the Texas Department of Insurance.
This regulation means title insurance costs are standardized across the state, so buyers and sellers typically pay similar rates regardless of which title company they use.
Because prices are regulated, buyers often choose a title company based on service quality, responsiveness, and recommendations from their real estate agent.
Texas title companies also commonly handle escrow services and closing coordination for residential real estate transactions.
How Much Title Insurance Costs in Texas
Title insurance costs are typically included as part of the closing costs during a home purchase.
Fees paid to the title company may include:
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Title search and research fees
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Escrow and closing services
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Title insurance premiums
Because rates are regulated in Texas, buyers and sellers generally pay similar prices regardless of the title company selected.
Why Title Insurance Is Important for Buyers
Although it is technically possible to purchase a property without title insurance, doing so carries significant risk.
Title insurance protects buyers from financial losses that could arise if ownership disputes appear after closing.
Examples include:
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Delinquent property taxes discovered later
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Claims from former spouses or heirs
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Undisclosed liens
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Fraudulent transfers in past transactions
Because these issues can be expensive to resolve, title insurance provides an important layer of protection for homeowners.
FAQ
What does a title company do during a home purchase?
A title company conducts a title search, holds escrow funds, issues title insurance, and manages the closing process to ensure the property transfer is completed legally.
What is a title search in real estate?
A title search is a review of public records used to verify ownership history and identify liens, claims, or legal issues affecting a property.
Who chooses the title company when buying a house?
In many transactions the seller chooses the title company because the seller often pays for the ownerās title insurance policy. However, this can be negotiated.
How long does the title process take when buying a house?
The title search and review process usually takes one to two weeks, although the full closing timeline for a home purchase is often around 30 days.
Do buyers need title insurance when purchasing a home?
Most lenders require lenderās title insurance, and many buyers choose to purchase ownerās title insurance to protect their ownership rights.
Jeff Knox is the Broker Owner of Knox & Associates REALTORSĀ® in DFW and the creator of most of the content on KnoxRE. Jeff's real estate articles and opinions have been featured on websites like Realtor.com, Fox News, U.S. News & World Reports, Inman, RISMedia, and more.