Quick Answer
A title company generally needs an executed purchase contract plus basic property, buyer, seller, agent, and lender information to open an order. Additional documents may be required for trusts, estates, entities, divorces, powers of attorney, or seller financing arrangements.
When opening a title order, providing the right documents upfront helps avoid delays later. Here is what title companies typically need for various types of transactions.
For a Purchase Transaction
A standard residential purchase transaction generally requires:
- Executed purchase contract: Signed by both buyer and seller, including all addenda, exhibits, and amendments
- Buyer and seller information: Full legal names, contact information, and marital status
- Property information: Property address and legal description if available
- Real estate agent information: Names, brokerages, and contact details for both sides
- Lender information: If financing, the lender's name, loan officer contact, and loan details
- Earnest money details: Amount and who is holding the deposit
For a Refinance
A refinance transaction typically needs:
- Loan application or estimated closing date: To establish the timeline
- Borrower information: Full legal names, contact information, vesting instructions
- Property information: Address and legal description
- Lender details: Lender name, loan type, loan amount
- Payoff information: Current loan information if known
Trust-Owned Property
If the buyer or seller is a trust, additional documents generally include the trust agreement or a trust certificate that confirms the trustee's authority to act. The trust documents help the title company verify that the person signing has the legal authority to buy or sell on behalf of the trust.
LLC or Corporation
If an entity such as an LLC or corporation is involved, the title company typically needs:
- Formation documents (articles of organization or incorporation)
- Operating agreement or bylaws
- Resolution authorizing the transaction
- Certificate of good standing from the state of formation
Estate or Probate
If the property is part of an estate, the title company generally needs letters testamentary or letters of administration, the will if applicable, and any court orders confirming the personal representative's authority to sell the property.
Divorce
If a party is going through a divorce, the title company may need the divorce decree, property settlement agreement, or court orders that address the disposition of the real estate.
Why Send Everything Early?
Providing all required documents as early as possible gives the title company time to review them, identify any issues, and resolve problems before they become closing delays. Missing or incomplete documents are one of the most common causes of delayed closings. Sending everything upfront helps the process move smoothly.
Key Takeaway
The documents needed to open a title order vary by transaction type. Providing the executed purchase contract and all required supporting documents early helps avoid delays and keeps the closing on schedule.
FAQs
Can a title company open an order without a full contract?
Some title companies can start preliminary work with basic information, but the full executed contract is needed to proceed with the complete title search, examination, and commitment process.
Do I need to provide original documents or copies?
Copies are generally sufficient for opening the order and beginning the initial review. Original documents may be needed later for recording or for certain types of transactions, depending on local practice.