Preliminary Title Fee

Preliminary Title Fee

A Preliminary Title Fee is the charge assessed by a title company or an attorney to conduct an initial, comprehensive search of public records regarding a specific piece of commercial real estate. In the context of a commercial mortgage, this fee covers the labor and administrative costs required to investigate the property’s history and verify its legal standing before a loan is finalized.

The primary purpose of this fee is to facilitate the creation of a Preliminary Title Report (also known as a Title Commitment). This document acts as a roadmap for the lender and the borrower, highlighting any legal "clouds" or obstacles that must be cleared before the property can be used as collateral for a mortgage. Because commercial transactions often involve complex ownership structures and multiple parcels of land, the preliminary title search is more exhaustive than its residential counterpart.

Detailed Components of the Preliminary Title Search

• Ownership Verification: A thorough review of the Chain of Title to ensure the current seller or borrower has the legal right to the property and that no long-lost heirs or former partners have a claim to it.
• Lien Search: Identifying any outstanding financial obligations attached to the property, such as unpaid property taxes, mechanic’s liens from contractors, or existing mortgages that must be paid off at closing.
• Easements and Right-of-Ways: Documenting the rights of third parties to use portions of the land, such as utility companies or neighboring property owners, which could impact the commercial utility of the site.
• Encumbrances and Covenants: Uncovering any Covenants, Conditions, and Restrictions (CC&Rs) or zoning issues that might limit how the commercial property is developed or operated.
• Judgments and Legal Actions: Searching for any pending litigation or court-ordered judgments against the property owner that could potentially attach to the real estate.

Importance in Commercial Mortgages

For a commercial lender, the preliminary title search is a vital part of due diligence. Lenders require a "clean" title to ensure they have a first-priority lien position. If a search reveals a previously undisclosed lien or an ownership dispute, the lender will likely pause the funding process until the borrower resolves the issue. This ensures that in the event of a foreclosure, the lender’s claim to the property is legally superior to all others.

The Preliminary Title Fee is usually considered a "pass-through" cost, meaning the borrower pays the fee as part of their closing costs. While this fee is separate from the final Title Insurance Premium, it is a necessary precursor. The information gathered during the preliminary search forms the basis of the insurance policy that will eventually protect the lender and the buyer from future losses related to title defects.