Michael Inkman

Fairway Independent Mortgage Corp.

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Michael Inkman | Fairway Independent Mortgage Corporation
5.0
Based on 103 reviews
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Lee Vanvolkenburg
15:43 23 Nov 23
Michael and his team were wonderful to deal with. They were excellent with communication and always available to answer questions. Thank you all!
williams lovos
22:54 16 Nov 23
We close on the house tomorrow! Thank you David and Michael for making my first home buying a smooth process. I had several out of the ordinary situations that would had easily not been possible to get the loan in the time that they were able to approve it. My wife and I are forever grateful for the work the team did. Thank you again!
Mario Silvestri III
16:45 16 Nov 23
Rex Perkins
16:56 15 Nov 23
Everything had been going well over the past two years since refinancing an existing mortgage. The application process, approval, servicing website, everything had been very smooth, nothing but the best service. I then had a minor issue arise. We had a wind loss claim on our home and, unfortunately, I had put off getting the check cosigned until the last minute. An issue arose as part of a minor miscommunication in terms of where the check was to be forwarded for endorsement.To make a long story short, I feared that this miscommunication and misdirected check coupled with my procrastination were going to result in the check expiring and a huge hassle on my part to go through the process again. Mr. Inkman nor his branch were in any way involved with my account or account management, yet, the check inadvertently ended up in their draft loss department and I feared this would further delay things. I was a bit frantic.One of those that I emailed was Mr. Inkman. In an era when customer service is not as valued as in the past, I was very skeptical I would meet the deadline. But, to my surprise, Mr. Inkman took it on his own to personally get things done and get the issue resolved. It appears that he tracked down the overnighted check personally, directed it for signature, packaged and overnighted the check back to me. All the while remaining professional and pleasant and providing consistent email updates on the status. It doesn't even look like he delegated, rather taking the initiative and seeing it through on his own.To me, that's not just doing a job, that's going above and beyond in terms of leadership, professionalism, and customer service. We could not be more happy. And, as a further sign of good will, the Fairway CEO actually emailed me personally to follow-up and assure resolution. Been very happy with Fairway since my refinance, Mr. Inkman's efforts only further reinforce that opinion.
Samer Fallouh
15:01 15 Nov 23
Debbie Salas
21:47 03 Oct 23
This transaction probably would not have happened without Michael. Whenever we hit a stumbling block, he found a way around it! He kept us informed and was a positive light all the way through to the end and beyond.Thanks
Eric Kieffer
22:46 16 Aug 23
Did business with Michael about 20 years ago and he was happy to help us again. He and his team did a great job. See you in another 20.

Common Title Issues That Can Delay Your Home Closing

October 24, 2024 by Michael Inkman

When you’re in the final stages of buying a new home, it’s easy to assume that everything will go smoothly from here on out. However, one of the most common obstacles that can arise in this final stage of the process is title issues. If not addressed, these can delay your closing or even derail the sale. 

A “cloud on title” or “title defect” refers to any issue that prevents a property’s title from being transferred smoothly from the seller to the buyer. Title defects often surface during the title search, a standard process that ensures the property’s title is clear and ready for transfer. The most common title defects include liens, easements, or prior claims on the property, any of which can delay or prevent a sale from going through.

Understanding the Title and Its Importance

When you own a property’s title, you have the legal right to control what happens to the property, whether that’s living on it, selling it, or leasing it out. A successful home purchase includes the transfer of title from the seller to the buyer, typically through the closing process, where the buyer receives both the title and the deed.

However, property rights can be restricted due to zoning laws, easements, or other legal regulations, which is why conducting a title search is so important. This search helps reveal any underlying issues that could prevent the smooth transfer of the title.

Can You Waive a Title Search?

In most cases, waiving a title search is not recommended, especially if you’re using a mortgage to finance your purchase. Title searches are designed to reveal hidden problems that could affect the ownership of the property. Let’s look at two scenarios:

When Buying with a Mortgage: Mortgage lenders require a title search to ensure the property has a clear title. Skipping this step could result in buying a home from someone who doesn’t legally own it, jeopardizing your ability to own the property.

When Paying Cash: If you’re paying cash, you technically have the option to waive the title search, but it’s still a good idea to proceed with one. If the seller has no legal rights to the property, you could be left with no ownership and no way to recover your funds.

Common Causes of Title Defects

Liens: Liens are legal claims against a property for unpaid debts. These debts could be related to unpaid property taxes, unpaid contractor bills (mechanic’s liens), or even unpaid Homeowner’s Association (HOA) fees. When you purchase a home with a lien on it, you may inherit responsibility for that debt.

Tax Liens and Delinquent Tax Bills: If a homeowner fails to pay their taxes, the government can place a lien on the property. Resolving this issue may involve proving that taxes have been paid or paying them off at closing.

Easements: An easement gives someone else the legal right to use part of your property, such as for utilities. While most easements are harmless, some can limit how you use your property and may not be immediately disclosed.

Mechanic’s Liens: Contractors who weren’t paid for their work can file a mechanic’s lien, which must be resolved before the property can be sold. This lien is attached to the property, not the seller, meaning the buyer could become responsible for the unpaid debt.

Probate and Ownership Issues: If a seller passes away before the closing, you may face delays due to probate issues. Similarly, if a property is owned by multiple parties or is part of a living trust, this can complicate the transfer of the title.

What Should You Do If a Title Defect Is Found?

While most title defects can be resolved, they usually cause delays. The best course of action is to consult with a real estate attorney. They can help you navigate the process and make sure that the title is cleared before you move forward with the purchase. It’s important to address any red flags early, as ignoring them could leave you with costly debts or legal issues down the road.

A smooth closing process is something every homebuyer hopes for, but title issues can create unexpected roadblocks. By being aware of common title defects and working with professionals to resolve them, you can help ensure that your closing goes as planned. Remember, no lender will approve a mortgage for a property with unresolved title issues, so it’s crucial to clear any problems before proceeding with the purchase.

Filed Under: Home Mortgages Tagged With: Home Closing, Mortgage Process, Title Defects

Michael Inkman

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michael@michaelinkman.com
Mobile: (214) 762-4659
NMLS #152707

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