The House Nextdoor - Where Real Estate and Real Life Meet

My Yeti is Ready!

Anthony Harris & Barbara Giglio Season 2 Episode 13

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0:00 | 41:49

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We sit down with Noah Gowen from Orchard Title to pull back the curtain on what title and escrow really do and why the “mystery fees” can protect you from major legal and money problems. We trade wild real-world stories about heirs, liens, lender delays, and wire fraud, plus the habits that make closings smoother for buyers, sellers, and agents. 
• how a title company acts as a neutral third party while protecting everyone 
• what a title search checks for and what “clear title” really means 
• why title insurance matters and how it differs from other insurance 
• heirship, probate gaps, hidden spouses, and family disputes that delay closing 
• surveys, condo quirks, and how lenders change requirements 
• the most common causes of closing delays and how to prevent them 
• realtor red flags like missing initials and missing contact details 
• wire fraud tactics, verification rules, and why secure portals exist 
• scenarios title will not insure, including unpermitted additions and lawsuits 
• misconceptions about title and why skipping coverage can backfire 
You can find us at the house nextdoor tx.com. Like, follow, share, comment, download, all the button, until next time.


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Welcome And Meet The Guest

SPEAKER_04

Welcome back to the house next door. Where real estate meets reality. I'm Anthony Harris. And I'm Barbara Juliet.

SPEAKER_00

Well awesome. Um we have our second guest.

SPEAKER_04

What a joke. You didn't have a joke. You don't have a joke.

SPEAKER_00

I am the joke.

SPEAKER_04

Okay, you are the joke. Well, normally we we've been trying to start with a joke. Like an easy joke. Because we're in a comedy club and we want to like pay homage. Home homage? Homage? Why can't I say words today? But anyway, we wanna, you know, we want to give a nod to the comedians. And so we keep trying to remember to do a joke, but we keep forgetting.

SPEAKER_00

And we're probably insulting them.

SPEAKER_04

But uh, there's no joke. We have a guest today. Anthony introduced this is Anthony's friend and guest.

SPEAKER_00

So this is Noah Gowen, and he's with Orchard

What Title And Escrow Actually Do

SPEAKER_00

Title, if I can talk. Yes, hi.

SPEAKER_04

So you are in title, which a lot of people don't understand. Like, what is title? What is it, what do we do? What is why? Because a lot of um escrow in other states it goes through lawyers, right? And so here we go through title, we're title state. So what does title do, Noah? For those who don't know, like just a like a cliff notes version papers or something, yeah.

SPEAKER_01

You know, title, cliffknote version. Um, we are the um kind of uh the finish line there. So that's the way I look at it. But we put all the paperwork together, we handle all the money, we make the transaction legally official, recording, transferring the property. Um, and we're the neutral third party, so we're the only one in the transaction who is not looking out for a specific client, but we have a fiduciary responsibility to everybody.

SPEAKER_04

And you know, I never thought about that. Yeah.

SPEAKER_00

Don't represent anybody.

SPEAKER_04

They don't represent anybody, but they do have a represent everybody. They represent everybody, right?

SPEAKER_00

Absolutely. What got you into title? Well, if I'm being Did you hate yourself?

SPEAKER_01

I do now. No. Um, I actually everybody in title falls into title. Nobody intentionally goes into title.

SPEAKER_04

Nobody like sets out to do this.

SPEAKER_01

No, you just it's a it's life's little game, and you fall into it in like jail.

SPEAKER_00

You just so that's the joke.

SPEAKER_01

That that is the joke, and it's there's many times where I'm like, how did I end up here? Right, why? But everybody starts off as a receptionist somehow at a title company, and that's how I started, and then I never got out of it. I tried and I tried, but it's fun because you're basically playing detective half the time, so you get all up in everybody's personal business, and it's like being a therapist for everybody, and I think that's why I've stuck with it.

SPEAKER_04

I love it. It's like the other side of real estate that we don't we see, you know, kind of the front loading side, and then you guys see all the closing, like the clouds on the title and all that.

SPEAKER_01

You see the the whole other side, all of it, all of

Secret Spouses And Heirship Chaos

SPEAKER_01

it divorces, family. Divorces people don't know about. Oh, my clients.

SPEAKER_00

Yes, yeah. Oh, that happened to one of your clients.

SPEAKER_04

It was uh it was an estate, um, it was a state sale. He passed away, and kind of suddenly he had cancer, but passed away really suddenly with the cancer, and his family, the siblings all came in to sell the house, right? They didn't know because they were coming from out of state, and you know, they were close to their brother, but he didn't tell them everything. There was a secret spouse in the Philippines that was on the title. So we had to get her to be okay with signing off her rights, and we had she had to do it through the embassy. It was this whole thing. Yeah, so you know, it took like it took us almost 40 days to close.

SPEAKER_01

I believe it.

SPEAKER_04

Yeah, so that seems quick. And we had to actually, you know what, maybe it was more like 60 days. I think it was a two how many days is sixty, that's too much too long. And we had to switch title companies because one title company underwriter just could not get through how she had to sign at the embassy, and the other one, the other in underwriter, was like okay with how she was signing at the embassy. It was really weird. I I don't remember the details, but it was a doozy and no one knew about her. That was the fun part.

SPEAKER_01

I was like, oh, does that happen to my wife? Yeah, it does. You'd be surprised, especially when it comes to deceased people in title and the heirs trying to sell the properties. They have no idea. And especially if you don't go through probate, right?

SPEAKER_04

And then you know, we do the airship route, and it's like that gets a fun little family tree.

SPEAKER_01

And I believe nobody I get the info from them, and then next thing you know, I'm over here looking up death records, I'm looking up obituaries, going on Facebook. Oh, you really are a detective. Oh, yeah, you've got to dig through there. You'll find siblings they don't tell you about, um, half siblings. Oh, yeah, they want that money. I mean, I get it, but like also, I I love to ruin some people's days. So gotta be fair.

SPEAKER_04

I love it. Yeah, we were gonna do that with another one I had that was uh estate sale, and there was a lot of siblings. There were some siblings that were adopted, and some siblings that were part of the family but weren't officially adopted. Yeah, so that's a whole thing.

SPEAKER_01

And they still get it, and they get a slice of pie.

SPEAKER_04

And they were we were gonna do airship because they were going to probate and nobody had any money, right? For the time. And so it got kind of dicey when people were saying who was related to you know and who got something.

SPEAKER_01

It was crazy. That's why I tell people you can't be promiscuous, it's gonna cause problems.

SPEAKER_04

It is, don't have any children.

SPEAKER_00

That's all the problem. I had one that had 13 errors and one person incarcerated, one person dead.

SPEAKER_04

Well, the dead person doesn't get anything, but do their spouses get something?

SPEAKER_01

Yeah, their spouses get something, but then again, like also if they have kids, their kids get a little slice and then on and on and on.

SPEAKER_04

That's so those have to take when you're doing air, I'm gonna say wrong airship. Affidavid airship, um, how long do those usually take to close?

SPEAKER_01

That fully depends on how cooperative the seller's gonna be, you know. Um, if you give me the info fast and it all checks out, we can make it happen in a couple weeks, but usually months.

SPEAKER_04

Months, yeah, exactly.

SPEAKER_00

Ours was probably about well, I was gonna say probably two months, but they they had an attorney for the family that already got a lot of it, but they didn't the family did not agree on things.

SPEAKER_04

So the families never agree on things, exactly.

SPEAKER_00

But that was gonna be a problem. So the attorney made them all sign an agreement that if they didn't agree at closing, then they would get cut out completely out of the deal. Interesting.

SPEAKER_04

That's one way to go about it.

SPEAKER_00

So it made one person in control and it said they could accept an offer up or above this amount.

SPEAKER_01

Uh-huh.

SPEAKER_00

And if any of the parties did not cooperate during the sell of the property, then they would get nothing.

SPEAKER_01

But that stresses me out. That stresses me out too.

SPEAKER_00

It was very and it had to be, it had to be because they already tried to close once and it went bad. So, and when we closed, there was two family members that one came in and told the escrow officer F off. Um, I'm not signing F in anything. Um and then they came back like an hour later and signed.

SPEAKER_04

Of course they did, because they wanted their money.

SPEAKER_00

Of course. I love that.

SPEAKER_04

Well, let's we kind of got segue. We did segue because this is title. I mean, this is what it is. So a lot of people don't necessarily know what title does. And so I think you kind of touched on it a little bit, but what does title do? What is escrow? What is a clear title? What is your process in selling a home and transferring ownership to the new owner?

SPEAKER_01

Okay,

Title Search Clear Title Process

SPEAKER_01

yeah. So let's just start from the beginning. Like, you know, you go under contract, we're gonna order a title search on the property. That's basically searching county records, judgments, name searches, everything like that. So we not only check the property, we're checking you. Yeah, you don't pay your credit card bills, you owe somebody money, it's gonna come up. Um, so it's basically a background check on the property and you. So we verify each party. So all the sellers, that's that's the whole point. That's why you go through a title company, we verify who you are, we verify the facts, and then we verify what the requirements are for the buyer to obtain title to the property free and clear. Nobody wants to buy a property and then turn around. Next thing you know, there's a mortgage that's owed on it. Well, if it didn't get paid off too bad, so sad, you inherited that. That's it.

SPEAKER_04

You inherit the problem, yeah.

SPEAKER_01

Oh, that's that's what we do. We make sure that you get free and clear title, that you're getting what you pay for, and nothing more, nothing less. Uh sometimes those prizes come up. And not saying it's always a hundred percent um clear and taken care of, because that's the point of title insurance. Things get missed. And when they get missed, if you don't have title insurance, you're stuck with it. You have title insurance, well, you don't have to pay for it, it's on the title company.

SPEAKER_04

Right.

SPEAKER_01

So that's that's the benefit there. And then while that's happening, we're also handling the escrow. So that's where the fiduciary responsibility comes in. We take the earnest money deposit, the option fee, and we hold that until closing. And of course, as you guys know, you see it on the closing statement credits, debits, everything there. So we pay everybody. Um, we make the least amount of money in the transaction, but it's we handle all the money too.

SPEAKER_04

I never thought about that. Yeah, okay.

SPEAKER_00

I haven't either.

SPEAKER_01

Yeah, right. I I love cutting checks and sending wires, and I'm just like, oh, where's my that's gonna take me another seven months to make that, right?

SPEAKER_04

Right. Oh my gosh. Well, that's that's really a good description of it, especially title insurance, because it tends to be one of the larger closing costs for sellers. And oftentimes they say, Well, what is that for? And I'm like, trust me, you want it. It's basically making sure that the property is yours and that you don't have any of these weird clouds coming up where somebody gambled it away in a you know poker game and wrote it on a napkin, and that person all of a sudden shows up and says, That's my house, right?

SPEAKER_01

Exactly. Exactly. And the to your point there, um, it is one of the larger closing costs there. Um, but the thing about it is that it because it is insurance, right? And if you think of insurance, car insurance, home insurance, you're paying it monthly, annually, over and over. This is the only kind of insurance you pay once and you never have to pay again.

SPEAKER_04

Yeah, that's a good point.

SPEAKER_01

And the other thing is about that you pass away. That transfers to your ears, they don't have to pay for it again.

SPEAKER_04

Oh, I did not know that.

unknown

Yeah, yeah.

SPEAKER_01

It it does, it passes on to ears. Um, it's the most regulated insurance in the game, and a lot of people do have a big problem with it. Well, they don't want to pay it. And technically in Texas, it's optional. The the contract says that. You're not gonna find a title company that's gonna close you because we're not gonna work for free. That your your escrow fee is not paying the bills, right? Right. So um, there there is a a greater purpose to it.

SPEAKER_04

Yeah, yeah. Well, it's super important, and it is something that I always get kicked back on. And once I explain what it's there for, it's yeah. Okay, yeah, I think we do need that.

Who Should Pay Title Insurance

SPEAKER_00

Do you think it should be a buyer's expense or a seller's expense? So that's a great question.

SPEAKER_04

That's a really good question. I have my opinion.

SPEAKER_01

But I I think that it makes sense that it it's a seller's uh expense. I actually think it should be paid 50-50. Um, I I close in 38 states, so uh half of the states buyers pay for it, the other half sellers pay for it, but you can always negotiate it half and half.

SPEAKER_00

And I mean Well, the problem with our contracts though is it's only two check boxes, and if you want to do 50-50, it's kind of challenging.

SPEAKER_01

Yeah, you could just mark off both boxes, that's how I see it. If you have both on there, then I'm like, okay, it's fifty-fifty.

SPEAKER_04

Um yeah, I could see that.

SPEAKER_01

Yeah, yeah, it's uh just like the escrow fee, I think it should be split.

SPEAKER_00

Um I think it should be a buyer's expense.

SPEAKER_04

Because they're buying the insurance that's gonna pass down.

SPEAKER_01

It's their insurance on their property, right? Um that that does make a lot of sense. And too, if if you think about it from the point of if you're say from the time the property is built, the builder hardly ever pays it. So the original buyer paid it, and I think it should just be a good idea.

SPEAKER_04

Continue on that path, the trajectory of buyer paying. Well, it kind of does make sense. I mean, they're they're buying the insurance. Why is the seller insuring the property that they're leaving yeah?

SPEAKER_01

Yeah, you've already paid for it before.

SPEAKER_04

Yeah, for it before.

SPEAKER_01

That's the whole point to guarantee you have the clear.

SPEAKER_00

And same with surveys. I feel the same thing.

SPEAKER_04

Surveys are a buyer's buyer's expense.

SPEAKER_00

But as a as a buyer's agent, I always put listing.

SPEAKER_04

Yeah, and I have to change that as always a listing agent. Go, would you please make this contract clean?

SPEAKER_00

But part of part of my thought process on that too is that if we have to back out for any reason, what is a survey on your property going to do for us?

SPEAKER_04

True. That's a good point. That's a good point. But it's a buyer expense, it's their house, it's gonna be their survey, and oftentimes it's their lender who's requiring it.

SPEAKER_01

True. Um I mean, we don't require it actually, so it does come down to pretty much the lender most of the time. But also, if it's lot and block, I've never understood why we need surveys. It's plat. That doesn't make sense. This makes sense for it.

SPEAKER_04

Yeah, well, that's what yeah, it makes sense.

Surveys And Condo Curveballs

SPEAKER_00

Well, and like I have a listing in Smithville, it's on five lots, and it's half the lot.

SPEAKER_01

Yeah, it's an old town and there you want it, right? But um, you know, it's interesting just on that survey issue. I've been seeing a lot of condos lately. Lenders are starting to require them. The freestanding condos, especially.

SPEAKER_04

That's we were just having this discussion. Yeah, we were fighting about this, like we weren't fighting about it.

SPEAKER_00

She had an offer that came in with a survey, and I was like, you don't get surveys on condos and it needs to be on the condo contract. I've had four in the past month.

SPEAKER_04

Okay, so this is a thing that's a good thing.

SPEAKER_00

It goes on the condo contract that doesn't even give you the option.

SPEAKER_01

No, it doesn't, but if the lender requires it, it's on the buyer.

SPEAKER_04

Well, I mean, unless the seller's nice enough, but my seller doesn't have it, he can't track it down. It doesn't exist, probably. Yeah, but it's like in a way, yeah, that's a good point. Because he's like, I don't know if I ever got that.

SPEAKER_00

That's what used to be.

SPEAKER_04

Was you didn't have surveys on detached condo or it's a detached condo, and then I got an offer that came in, and the buyer's agent was a little snarky with me in saying, where's the survey? And I said, you know, actually, we we haven't been able to track it down. And because it's a detached condo, I said, I'm not really sure we need it. Because I was talking to Anthony about it, and he's like, uh, yes, you do need it. And he was like, I'm pretty sure. And then he did the smile emoji face of it.

SPEAKER_01

I would have lost it.

SPEAKER_04

So for the people that are, I kind of wanted to just be like, here's another emoji.

unknown

The middle finger.

SPEAKER_00

For the people that are driving and not looking at the video, Noah literally rolled his eyes when you said it.

SPEAKER_04

Yeah, but so that's interesting that you mentioned that because yeah, that was something that we were debating about, and that this agent was so sure he was right about.

SPEAKER_00

But um So that's becoming common with Blinders now?

SPEAKER_01

It is, and but the thing is, the with those condos that are detached like that, uh your client doesn't own the land anyways, right? And it's on the plat. So the way I've been looking at it lately is if to to help with that issue and the negotiation, I'll tell what whichever agent calls me about it. I just tell them, like, hey, maybe say, well, let's have title look at the plat and use that because it's on there. As long as the plat shows the structure on there, if they have that, then we can use that as a survey. You don't own the land, all I care about is the easements, anyways.

SPEAKER_04

So that's good enough. If the lender will go for it, yeah, save you some money.

SPEAKER_01

If the lender pushes back on it, I will tell them I'm still insuring your loan, so it literally doesn't matter. Doesn't matter.

SPEAKER_04

Yeah, that's good. That's a great way to handle it.

Closing Delays And Who Causes Them

SPEAKER_04

So what are closing delays and who's usually usually the problem? So what are the most common reasons?

SPEAKER_03

And it better not be us.

SPEAKER_04

What are the most common reasons for for delays? Like biggest causes. Is it buyers, sellers, lenders, agents, idol? Is it you, Noah?

SPEAKER_01

Man. Let's make a game, let's take a guess.

SPEAKER_00

I'm gonna say lenders.

SPEAKER_01

In my experience, most of the time it is the lender. I'm not saying it's the lender specifically, but they are trying to get all the info they need, right? They they know what they need to do. And half the time, I would say the buyer hasn't turned anything into them or missing something that they've been asking for. Nothing you can do about that until somebody gets you what you need. But I do find that lenders tend to stay quiet until last minute. And it's like, why didn't you say something?

SPEAKER_04

You had weeks to do this.

SPEAKER_01

I'm over here excited, I'm ready to go, and then you're not ready, so I gotta tell people. And then who do you think gets bitched at first? Yep. But that's okay. I it's all right. I tell people all the time, like, let it out, let it out. I'm here to be your punching bag, and then we hee hee ha ha ha. And then I'm like, now call them and chew their ass out.

SPEAKER_04

So lenders, lenders are usually.

SPEAKER_01

I would put number one and then number two, I would say. Well, I'm gonna say uh number two, I would say it's gonna be your seller entitled tide. And the reason for that is we're waiting on something from the seller, but it goes back to the same thing. Have you been following up? There's been times where I can only follow up so much, yeah, and then I have things to do. So if you're not ready to sell your property, I can't force you to. People don't love that answer, but you know what I need. And again, I'm not gonna call you six times a day.

SPEAKER_04

Yeah, you have other things to do.

SPEAKER_01

I copy the agent and they're aware, and then I move on with my day, and if we get it, we get it. If we don't, we don't, and it's okay. Everything's fixable, but there's gonna be a delay.

SPEAKER_04

There's gonna be a delay, yeah.

SPEAKER_01

And then again, as far as agents go, I don't really feel like that causes too much of a delay unless we're waiting on some kind of amendment.

SPEAKER_04

Right. But I was the culprit there. My buyer wasn't signing this last minute amendment.

SPEAKER_01

What are you gonna do about that?

SPEAKER_04

No, if I kept like turn it out and it's closing with any.

SPEAKER_01

No, so there is that. Like that is always the option. But I uh the only delay I think agents cause is like, and it's funny. This triggers me, but they're like, I'll do it on all my transactions now. Where's my wire? Oh you don't have your wire because I don't have what I need. I'll hold your money because I know you'll give me what I need.

SPEAKER_00

Um that's that's what's what Compass does. They won't send out a CDA until Yeah.

SPEAKER_01

In if I don't have your CDA, same thing. Like, I'll still close if I don't have your C DA. Yeah, yeah, you're just not getting paid that day. Yeah, yeah. Yeah.

SPEAKER_04

Oh my gosh.

Agent Red Flags And Green Flags

SPEAKER_04

Do you um okay? So for you, what is the biggest realtor red flag when you're dealing with somebody like that you see? And you're like, oh, this is gonna be one of those transactions.

SPEAKER_00

And it could be a seller or a buyer, too.

SPEAKER_01

Honestly, the red flag is when I look at that contract at first and I see there's initials missing right off the bat, I'm like That's it, you're done.

SPEAKER_04

But I'm guilty of this.

SPEAKER_01

Here we go. And then I'm just like, here we go. Because if I don't say anything, it's gonna come up later. It has to, yeah, and then if I do say something, it's like stay in your lane. I'm like, okay, but it that's I just know right away that it's gonna be a bumpy ride, and I buckle up and I pour my Tito. My yeti is ready.

SPEAKER_00

My yeti is ready. That's what it's gonna be called. My daddy is ready to put it.

SPEAKER_04

Oh my gosh. Okay.

SPEAKER_00

So that's a pretty big red flag.

SPEAKER_04

That's a big red flag. And I guess the counter question to this: what makes a great agent? Like when you're like, oh, this is gonna be a really good transaction.

SPEAKER_01

My favorite thing is when from the agent or their coordinator, I get the intro email and it tells me their team, the opposite team. So agent, coordinator, all the contact info is there for your client. That's the number one thing. They're like, send out deposit instructions. Why haven't you done this? Who who? Who do you want me to send it to? Right. I don't have the contact.

SPEAKER_04

I have no contact info.

SPEAKER_01

Yeah. And so that that's the communication. I love it. Just like I think everybody wants that clear communication. But if you get me what I need right off the bat, I will do backflips for you. Like, literally, that's my favorite thing. If I have that, I'm very much like white glove service. And I'm like, you want to sit and chill. I got you. I'll babysit your client. You gave me their info. We're good to go.

SPEAKER_04

That's a good tip for me to know. Bring it, bring it all.

SPEAKER_00

Noah called one of mine because you know lenders don't balance the settlement statements till the day before or the night of.

SPEAKER_02

Right.

SPEAKER_00

And so my client had questions and he called my client and at like six o'clock on a Friday, Thursday night. I don't know. Yeah, middle of dinner.

SPEAKER_01

Yeah, like here we go. But yeah, no, that's like that's the other thing. I, you know, you guys work 24-7. You're not really off. And that's kind of the same way I look at it. Same with buyers and sellers. They're at work all day. What I'm you know in my day, so no, be available when you guys are available and need it. So just the communication, you know, it's already already a stressful process for everybody involved.

SPEAKER_04

So it is, yeah. And my transaction coordinator is really good about that. She gives all of that up front to the title company. I feel like mine does. No, yours doesn't. No. No, I'm just making that up. I don't know. Well, just wait until we have a deal together. Oh, that's gonna be the worst thing ever. We're gonna break up.

SPEAKER_00

I'm gonna negotiate the heck of it.

SPEAKER_01

Therapy session here after.

SPEAKER_04

Pretty breaking. Where's the yeti?

SPEAKER_01

Yeah, exactly. Where's the break? Ready for the yeti.

SPEAKER_04

Do you have um, I know you've gotta have one, but do you have like a really good, you know, kind of horror story of one that you feel like you could

Deals That Go Off The Rails

SPEAKER_04

share? And even if it's naughty, we share naughty things.

SPEAKER_01

Well, not so much a horror story, more I mean it's frustrating for everybody involved, but uh it was kind of like a did this really just happen? Had a buyer come in and it's probably a million plus property in downtown, and Linder worked their ass off. I worked my ass off, we're all there, and it was just a pain the whole time. The guy gets there and he's signing his closing papers, and I'm I'm explaining what everything is, and we get to the um notice of making fraudulent statements that everybody has to sign when you're getting alone. In Texas, it's ten thousand dollars at least a fine, and then prison time is like ten years, and I'm I'm thinking off top of my brain here, but it's ridiculous. It's actually kind of like you can get away from murder for less.

SPEAKER_02

Right.

SPEAKER_01

This guy is like, oh, I need to use a restroom real quick, and not in common, those loan packages are way too thick. Yeah, and it's been a minute and we're chilling, agents chilling, I'm chilling, and I'm running out of crappy jokes. Right, and I'm like, okay, and then he's like, I'm gonna go check on him. The guy left.

SPEAKER_04

He just straight up left.

SPEAKER_01

Yeah, I guess he lied about his income or something in the loan, and he got scared and darted. Never had it happen before, but it just blew my mind. He just disappeared, never heard about it again, anything like that.

SPEAKER_04

Um, but yeah, he saw that that there was a consequence.

SPEAKER_00

Oh, yes, and then he's like, maybe not, I don't know. But then he's but then he's also in breach of contract with the seller, right?

SPEAKER_01

So figure which one's worse, and then some other things that have come up that are just scary moments, and this is kind of another reason like you want to close with a title person that knows what they're doing. Red flags, uh, especially when it comes to older clientele that are selling property. Um, elder abuse is real, it is a thing. Uh, there are kids out there trying to manipulate, forcing people to sell properties, or they aren't all mentally there. Like these things happen, and people don't care. They're like, oh, well, it's my mom, I know what I'm doing. I'm like, I don't care. Like she has her own free will, but that that has happened a few times where I won't close a deal because I will eventually figure out that they're being forced to do something that they really don't want to do. So there's some scary stuff out there for sure.

SPEAKER_04

Wow.

Wire Fraud Threats And How To Stop

SPEAKER_00

I want to talk about wire fraud too.

SPEAKER_04

Okay, yeah.

SPEAKER_00

Um I don't know if you were here.

SPEAKER_04

No, I just got a little pale.

SPEAKER_00

So like sit up. Luckily, I've never had luckily I've never had any clients that have been a victim of it, but I know it's very it's out there.

SPEAKER_01

Yeah.

SPEAKER_00

So have you, I'm sure you've seen it.

SPEAKER_01

Oh, yeah. Yeah. One in four. One in four real estate transactions.

SPEAKER_04

One in four.

SPEAKER_01

Yep.

SPEAKER_04

That's a crazy statistic.

SPEAKER_01

One in 20 actually fall for it. Oh, and I believe according to NAR this past year, 275 million dollars annually is what happened. Gets fraudulently wired to other places.

SPEAKER_04

Oh, because that's a big number.

SPEAKER_01

And and it I mean, yeah, that that's insane. Yeah, and wire fraud is such, uh, as we all know, big deal.

SPEAKER_02

Yeah.

SPEAKER_01

Um in every title company should or already does have in you know their email signatures, like wire fraud, wire fraud, wire fraud. Um, and the most important thing is like those wire instructions never ever ever change. It's funny though, you can tell people that on the phone in your emails, but it but but they don't read them, they don't listen, and that's why it happens. And wire instructions tell you pick up the phone and call.

SPEAKER_04

Like do that. I say I tell that to my clients every single time, and I said, I will never send you wire instructions, ever.

SPEAKER_01

And the crazy thing is, I I've worked with plenty of agents that have saved my wire instructions on other transactions, and they'll save them and send them to their clients outside of escrow. You can't do that. Insane. And that's why shit gets taken away. Like that's where where'd your money go? Well, I don't know. It's in 10 bucks too somewhere. I don't know.

SPEAKER_04

Yeah, and you can't get it back. I don't have that. You can't get it back. You think about that. You just sold your house, right? And you have this big chunk of money that you let's say 300,000, 400,000 that you're gonna be putting down on this other house. You wired it to the void. Yeah, and too bad, so sad, it's gone.

SPEAKER_00

So I know someone that sold a three million dollar home and got wiring and it was fraudulent wiring instructions uh the day before closing.

SPEAKER_04

And did they lose the money?

SPEAKER_00

No, they they caught it right in time, yeah. Um, the the agent's email got hacked.

SPEAKER_04

Oh, I always worry about that.

SPEAKER_00

Yeah, but with Compass now, it's double like the double factor. I think there's more safety.

SPEAKER_04

That's why I don't use like my own Gmail and I always use my company. I mean, it's a pain sometimes, and I know there's a case for having your own like Barbara sells Texas, uh, Barbara sells on Gmail, you know. But but I feel like my clients are more protected when I use my company's email because they have so many families.

SPEAKER_00

My my Gmail is set up or my personal email is set up the same way that yeah, compasses compasses, yeah. Where I have the double up or double factor.

SPEAKER_04

So have you ever had wire fraud that you personally caught?

SPEAKER_01

Yes, absolutely. Um, so I I've had a couple of instances. So I we we utilize some really great technology, and the thing is uh buyers and sellers get frustrated because everybody has their own secure portal, right? Right. So the lender, title, yeah, they all have their portal agents like and I get it, it's frustrating, but there's a reason, there's a reason, and also real estate transactions for most people are gonna be the biggest transaction you ever make in your lives. Oh, heck yeah, it's the biggest one set. I would rather spend an extra 10 minutes being frustrated to do something securely, right? But um, so one thing that we use is called certified, and that verifies not only our identity but their identity, and it keeps a register, like a national register of all like the bank's wire instructions. So if we get something back from somebody we're collecting those wire instructions, and it's like it knows the IP address of where these instructions are being provided from. So we'll get a red alert that this is actually North Africa, like this is fraudulent, and I've had this happen. Certify will stop, they'll call us, and so that that's a flag, a great tool for us.

SPEAKER_04

That's an amazing tool for you. Yeah, yeah.

SPEAKER_01

And then um, I had one recently where we were doing um a line of credit for somebody before they sold their home. And we're going to send the proceeds to the no new home title company, which I actually think if you're gonna be selling a property and then buying a new one, don't have the money go to your bank account from the title company, have the title company do it because then it's still on us.

SPEAKER_04

Yeah, I'll have clients do that.

SPEAKER_01

They um we got the new home wire instructions from the lender who was doing the equity. And I'm looking at them and I'm just like, okay, like they look normal, but I always will go double check, especially if it's out of state with the new home. Yeah. And I'm looking at it and this doesn't really look right. So I call them, and sure enough, that's why you pick up the phone and verify the wire instructions. It it was not them. So I said, Hey, send me the email you got this from. Well, in two seconds, I knew I was like, this is not this title company's email. So and they get better and better every year, and eventually it's just gonna be almost impossible. I don't know.

SPEAKER_04

But I feel like you have to be cyber security.

SPEAKER_00

Yeah, you know, and the same thing with lots. There's no protection to make sure that this person actually owns it.

SPEAKER_01

Yep, and and that's again the whole point of title insurance.

SPEAKER_04

That is the whole point of title insurance, yeah. Cause when I had a lot listing, the title company called me because we were using the buyer's title company. Um, they just wanted to use the title, and I wasn't gonna die on that hill. And so uh they called me and they said, So have you personally met the the seller in person? Have you seen them? And I said, Oh yeah, they're friends, and they're like, Okay, we're not worrying about this one, but there's so much lot fraud.

SPEAKER_01

And that's the biggest uh issue right now is the lot fraud. And so we will go to the county, see what the actual mailing address is, because obviously it's not gonna be the lot um for the owner. And we mail a letter off certified letter, and it's like if you don't respond by the close date, then there's gonna be a delay.

SPEAKER_04

There's not gonna you're not gonna close. Yeah, yeah.

SPEAKER_01

So

Would Title Insure This Game

SPEAKER_01

scary world.

SPEAKER_04

Let's play a game. Noah, you want to play a game?

SPEAKER_01

I love playing games.

unknown

Okay. Okay.

SPEAKER_04

This is this is no one gets to answer. You we don't we can't answer. Okay, like I'm yelling at you. Like I'm probably gonna be the one who answers. Okay. Would title ensure this? Okay, and here are your answers. Yes, no, maybe. Okay. Oh my god. So scenarios. Probate never completed.

SPEAKER_01

Yes, if maybe okay, maybe. We'll we'll go with the maybe.

SPEAKER_04

Ex-spouse is still on the title.

SPEAKER_01

Yes.

SPEAKER_04

Okay.

SPEAKER_01

As long as they sign it just depends on what the divorce degree says.

SPEAKER_04

Yes, yes, because my friend is still. Okay. HOA liens.

SPEAKER_01

I mean, they're gonna get paid off, but yeah.

SPEAKER_04

Okay. IRS debt.

SPEAKER_01

No.

SPEAKER_04

No. Okay, that's a no. Uh contractor liens.

SPEAKER_01

Maybe.

SPEAKER_04

They have to get paid off. Yeah, but yeah.

SPEAKER_01

Everything has to get paid off.

SPEAKER_04

This one we probably no survey. We're still gonna get title insurance.

SPEAKER_01

Yes.

SPEAKER_04

Or what is it? Would title insure this? Okay. Um easement issues.

SPEAKER_01

No, I'm not gonna insure that that easement, but I'll insure everything else. Okay.

SPEAKER_04

Solar panel leans.

SPEAKER_01

Maybe.

SPEAKER_04

Maybe okay.

SPEAKER_00

Or how about if they're out of business?

SPEAKER_01

Somebody assumed it.

SPEAKER_04

Yeah, somebody's not just sitting out there.

SPEAKER_01

We wish.

SPEAKER_04

Unpermitted additions.

SPEAKER_01

No. Oh, I didn't know that.

SPEAKER_04

I didn't know that either.

SPEAKER_01

Actually, a pretty big deal. Um, some somebody comes over and like if I find out something's not permitted, I'm gonna tell you right now, uh, go get it permitted and then come back. Because if the city comes along and makes you tear that shit down and I insured it, you're gonna go file a title claim and the underwriter is gonna pay it out, and I'm probably gonna lose my job. So no.

SPEAKER_04

Wow, I had no idea. I had no idea. That's interesting.

SPEAKER_00

Because you don't ensure the like you don't visually look at the property, so that's why I'm like Yeah.

SPEAKER_01

I mean, so here's the thing a lot of times, how are we gonna know? But if somebody says something and it clicks in my head, that's when it becomes okay.

SPEAKER_04

Multiple heirs claiming ownership.

SPEAKER_01

It's a maybe.

SPEAKER_04

A maybe buyer wires funds incorrectly.

SPEAKER_01

Not my problem. Not your problem. That's the lady's problem. I don't know what to say. I just think I mean, I guess.

SPEAKER_04

Forge signatures.

SPEAKER_00

No.

SPEAKER_04

Active lawsuits.

SPEAKER_00

No, no. I just learned about that too. Is that across the border or does it depend if you have an active lawsuit?

SPEAKER_01

Um, it depends on the kind of lawsuit.

SPEAKER_04

Yeah.

Biggest Misconceptions And Best Advice

SPEAKER_04

All right. So kind of wrapping up. What what do you think is the biggest misconception that people have about title companies?

SPEAKER_01

I think the biggest misconception is that, you know, it's it's a scam.

SPEAKER_04

Oh, like there's no purpose.

SPEAKER_01

Yeah, there's no purpose.

SPEAKER_04

And he's getting money from it.

SPEAKER_01

I'm not gonna lie. When I first got into it, I also was like, Why? What's the point of this? Like, you're never gonna use it. But every time somebody doesn't get title insurance and they go to sell their property and there's some cloud or lean on there, you bet you wish you had it.

SPEAKER_04

You bet you wish you had it.

SPEAKER_01

Yeah, and especially those people who will yeah, a lot of people will close through an attorney's office because a fee attorney will still close you and not make you get title insurance. That's not their business. They're just closing it, but they have no liability. So most of the time when this happens, so they close at a fee attorney's office, not digging on our fee attorneys. We we love and respect them, but that's not their business, and so they don't push for it, they don't care. And then turn around, I'm like, hey, like, where'd you close? And if I see a fee attorney on there, I'm like, you're on the hook. I don't know what to tell you. And that includes the biggest thing that comes up is child support liens.

SPEAKER_04

Oh, I didn't think about that.

SPEAKER_01

Those attached to the property.

SPEAKER_00

Wow, that's the biggest thing, and they're the hardest, one of the hardest to get off.

SPEAKER_01

Oh, yeah. Oh yeah.

SPEAKER_04

So you're not gonna close on your house if you've got a child support lane, unless you're gonna pay it off.

SPEAKER_01

I don't care. Either way, if you want to pay it off, fine with me. And sometimes you can settle, right? You can settle, it's still, but I mean, the child support, the attorney general's office. If you bought a property like that, and I'm specifically thinking of it's a lot, and they didn't do whatever. Um, and I tried to help get it reduced. They're they're usually will work with us a little bit, but if you buy something and just take that over, like they don't care, they're getting their money one way or another.

SPEAKER_04

Well, what now we'll end on? What is your best advice for buyers and sellers?

SPEAKER_01

Uh, best advice is title insurance, I think. Title insurance, but also call your escrow officer, just know who you're working with. It's worth it. I promise you. I think people get so caught up in the email culture that you know it makes things more tense than it should be. And I find that just having that connection makes things much better for everybody.

SPEAKER_04

That's good advice. I like that. And what's your best advice for us agents? Send you all of our contact information of the people in the transaction.

SPEAKER_01

Yeah, yeah. You know, just double check your contract, send me the info and meet up front, and we're good to go. Easy peasy.

SPEAKER_00

Yeah, Betty Yeti.

SPEAKER_04

Ready?

SPEAKER_01

Yeah, don't give me a reason to whip out my yeti.

SPEAKER_04

Oh, maybe whip out my yeti on you. Well, no, how can people find you? Where do you where are your um where's your office? All that good stuff.

SPEAKER_01

I have a local office here in Austin off Burnett Road. Um, it's 7001 Burnett Road. Um, I work remote, so I do my closings all over town. I'll drive to you.

SPEAKER_04

I love that.

SPEAKER_01

Or my favorite personally, uh, I'll send a notary to you. I'm not gonna charge you, but it's modern times, you know. I love that. Or you can close online. That's the other thing. And we love it.

SPEAKER_04

That's so great. And you work for Orchard.

SPEAKER_01

I do. I work for Orchard. Um, but you know, it's not just Orchard business. So do anything.

SPEAKER_04

Well, thank you so much for being here. You guys enlightened us quite a bit. Yeah, we learned stuff. Learned a lot of things today, which is great.

SPEAKER_00

A new term ready yeti.

SPEAKER_04

Ready yeti.

SPEAKER_01

I am trademarking that.

SPEAKER_04

Well, until next time, you can find us at the house nextdoor tx.com. Like, follow, share, comment, download, all the button, until next time.