What’s in a Name?
When a title company seeks to uncover matters affecting title to real property, the answer is, “Quite a bit.”
Statements of Information provide title companies with the information they need to distinguish the buyers and sellers of real property from others with similar names. After identifying the true buyers and sellers, title companies may disregard the judgments, liens, or other matters on the public records under similar names.
To help you better understand this sensitive subject, the Land Title Association has answered some of the questions most commonly asked about Statements of Information.
What is a Statement of Information?
A Statement of Information is a form routinely requested from the buyer, seller, and borrower in a transaction where title insurance is sought. The completed form provides the title company with information needed to adequately examine documents so as to disregard matters that do not affect the property to be insured, matters that actually apply to some other person.
What Does a Statement of Information Do?
Every day, documents affecting real property – liens, court decrees, bankruptcies – are recorded.
Whenever a title company uncovers a recorded document in which the name is the same or similar to that of the buyer, seller, or borrower in a title transaction, the title company must ask, “Does this document affect the parties we are insuring?” Because if it does, it affects the title to the property and would, therefore, be listed as an exception from coverage under the title policy.
A properly completed Statement of Information will allow the title company to differentiate between parties with the same or similar names when searching documents recorded by name. This protects all parties involved and allows the title company to competently carry out its duties without unnecessary delay.
What Types of Information Are Requested in a Statement of Information?
The information requested is personal in nature, but not unnecessarily so. The information requested is essential to avoid delays in closing the transaction.
You, and your spouse if you are married, will be asked to provide your full name, social security number, year of birth, birthplace, and information on your citizenship. If you are married, you will be asked the date and place of your marriage or registered domestic partnership.
Residence and employment information will be requested, as will information regarding previous marriages or registered domestic partnerships.
Will the Information I Supply Be Kept Confidential?
The information you supply is completely confidential and only for the title company's use in completing the search of records necessary before a policy of title insurance can be issued.
What Happens if a Buyer, Seller, or Borrower Fails to Provide the Requested Statement of Information?
At best, failure to provide the requested Statement of Information will hinder the search and examination capabilities of the title company, causing a delay in the production of your title policy.
At worst, failure to provide the information requested could prohibit the close of your escrow. Without a Statement of Information, it would be necessary for the title company to list as exceptions from coverage judgments, liens, or other matters that may affect the property to be insured. Such exceptions would be unacceptable to most lenders, whose interest must also be insured.
Conclusion
Title companies make every attempt in issuing a policy of title insurance to identify known risks affecting your property and to efficiently and correctly transfer title so as to protect your interests as a homebuyer.
By properly completing a Statement of Information, you allow the title company to provide the service you need with the assurance of confidentiality.
Article by CLTA
