Comprehensive Guide to Real Estate Finance and Lending Services in South Cleveland
Buying, selling, or financing property in South Cleveland involves legal steps that affect timing, costs, and long-term ownership. A clear understanding of loan documents, title matters, lender requirements, and closing procedures helps property owners and purchasers protect their interests and avoid costly delays. Our approach focuses on delivering practical guidance about mortgage instruments, loan closings, subordinations, and title insurance, with attention to Tennessee law and local practices in Bradley County. We work to make complex paperwork understandable and to coordinate with lenders, title companies, and other parties to keep transactions moving toward successful settlement.
Whether you are arranging commercial lending, residential mortgages, or refinancing an existing property, careful legal review reduces risk and clarifies obligations under financing agreements. We prioritize a proactive review of loan terms, lien positions, and payoff instructions to identify issues before closing. Our services include drafting and negotiating loan documents, reviewing title matters, and advising on borrower and lender responsibilities. For property owners in South Cleveland, early legal involvement helps preserve bargaining power and minimizes surprises that can threaten a deal at the last moment.
Why Proper Legal Handling of Real Estate Finance Matters in South Cleveland
Skilled legal handling of finance and lending matters helps ensure that mortgages, note provisions, and lending conditions are enforceable and aligned with a client’s goals. Accurate review of loan covenants, escrow requirements, and foreclosure protections can prevent future disputes and financial exposure. Legal counsel also coordinates with title and closing agents to resolve liens, easements, and survey issues that affect marketable title. For lenders and borrowers alike, clear documentation and adherence to Tennessee statutes reduce the chances of contract ambiguity, unexpected liability, and delays that can jeopardize business plans or residential timelines.
About Jay Johnson Law Firm and Our Real Estate Finance Practice
Jay Johnson Law Firm serves clients across Tennessee, including South Cleveland and Bradley County, with a practical focus on real estate transactions and lending matters. The firm emphasizes clear communication, timely document review, and coordination with lenders, title companies, and real estate professionals. Our approach is client-centered: we listen to objectives, identify transaction risks, and present options to protect interests during closings and loan negotiations. Clients benefit from hands-on support during every stage of a financing transaction, from initial review through recording and post-closing tasks.
Understanding Real Estate Finance and Lending Services
Real estate finance services cover the legal work required to secure and document loans tied to real property. This includes review and preparation of promissory notes, deeds of trust or mortgages, loan agreements, security instruments, and closing statements. Legal review identifies clauses that affect payment obligations, default remedies, and lender remedies under Tennessee law. Counsel also handles title review to confirm lien priority, prepares payoff statements, and advises on recording requirements. Thorough attention to these elements helps both borrowers and lenders reach enforceable, efficient transactions.
A comprehensive finance review extends beyond loan documents to consider regulatory compliance, escrow arrangements, and any required disclosures. For commercial deals, counsel examines commercial loan covenants, environmental considerations, and cross-collateralization issues. For residential lending, review focuses on borrower protections, clear chain of title, and proper closing funds handling. Legal input during underwriting and pre-closing reduces last-minute problems and gives parties confidence that the transaction will close on the agreed terms and recorded properly in Bradley County.
Defining Core Real Estate Finance Concepts
Real estate finance combines a promissory obligation with an interest in property used as collateral, typically documented through notes and security instruments. A mortgage or deed of trust creates a lien that secures the lender’s right to be repaid, while the note records the borrower’s promise to repay. Other related elements include title insurance to protect against undisclosed defects, escrow agreements for managing closing funds, and payoff procedures for refinancing or sale. Understanding these instruments and how they operate under Tennessee law is essential to protect financial and property interests.
Key Elements and Typical Processes in Real Estate Lending Transactions
Critical elements in lending transactions include verification of borrower identity and authority, title searches, appraisal review, preparation of loan documents, and coordination of closing logistics. The process generally moves from loan commitment to document drafting, title clearance, and finally closing and recording. Timely resolution of title exceptions, liens, and encumbrances is important to preserve lien priority and avoid post-closing disputes. Effective communication among borrowers, lenders, title companies, and lawyers streamlines closing and reduces the risk of last-minute delays or additional costs.
Key Terms and Glossary for Real Estate Finance
This glossary explains common terms encountered in lending and finance transactions so clients can understand the documents they sign. Familiarity with these terms helps parties make informed decisions, ask targeted questions of lenders, and identify provisions that may need negotiation. Definitions cover what a promissory note means, how a deed of trust functions, and the role of title insurance, among other topics relevant to South Cleveland property transactions and Tennessee recording practice.
Promissory Note
A promissory note is a written promise by the borrower to repay a loan under specified terms, including interest rate, payment schedule, and maturity date. It is the primary evidence of the debt and sets forth remedies for nonpayment. Lenders rely on the note to enforce repayment obligations, while borrowers should ensure the terms reflect their understanding. When reviewing a note, parties should confirm interest calculations, prepayment penalties, and any acceleration clauses that could trigger immediate payment upon default.
Deed of Trust or Mortgage
A deed of trust or mortgage is the security instrument that creates a lien on real property to secure repayment of the promissory note. It specifies the property subject to the lien, lender rights upon default, and procedures for foreclosure. Tennessee uses recorded instruments to establish priority among creditors, so accurate legal descriptions and clear recording are essential. Parties reviewing these documents should confirm that the lien language matches the loan and that any subordinate interests are addressed prior to closing.
Title Insurance
Title insurance protects against loss from defects in the recorded chain of title that were not discovered during the title search. It can cover matters such as undisclosed liens, clerical errors, or forged documents that impair ownership. Lenders typically require lender title insurance to protect their lien position, while buyers often obtain owner title insurance to protect their equity. Careful review of title commitments and exceptions helps clients understand what is covered and what steps may be needed to resolve outstanding issues.
Escrow and Closing Instructions
Escrow refers to the process by which funds and documents are held by a neutral third party until closing conditions are satisfied. Closing instructions are written directions that specify how funds will be disbursed, which documents will be recorded, and how payoffs will be handled. Clear escrow instructions prevent disputes over distribution of funds and ensure required recordings occur. Lawyers often review closing statements and escrow instructions to verify accuracy and consistency with loan documents and title commitments.
Comparing Limited Review versus Full-Service Representation
Clients can choose a focused document review or a more comprehensive representation that handles negotiation, title issues, and closing coordination. A limited review typically includes examining loan paperwork and providing a written opinion or checklist, which may suit simple transactions with clear terms. Full-service representation extends to negotiating loan provisions, resolving title exceptions, coordinating payoff and recording, and managing post-closing issues. The appropriate choice depends on transaction complexity, risk tolerance, and whether there are unresolved title or lien concerns.
When a Limited Document Review May Be Appropriate:
Simple Refinance or Standard Residential Mortgage
A limited review often suffices for straightforward residential refinances or standard purchase loans where the borrower, lender, and title company have a routine process and title searches show no adverse encumbrances. If documents follow standard form loans and there are no unusual covenants or multiple collateral issues, a concise legal review can confirm that key terms are reasonable and that recording procedures are in order. In such cases, limited legal input can be efficient while still identifying any glaring concerns before closing.
Low-Risk Transactions with Clear Title
When title searches reveal clean chains of title and there are no cross-collateralized assets, disputes, or pending liens, a limited review can quickly validate loan documents and closing instructions. For buyers or borrowers who face no unusual conditions and who accept standard loan terms, this narrower review helps control legal costs while ensuring core protections are in place. The limited approach works best when all parties are comfortable with the ordinary risk profile of a typical real estate loan.
Why a Comprehensive Legal Approach May Be Advisable:
Complex Transactions and Multiple Liens
Comprehensive representation is important when transactions involve commercial properties, multiple lien holders, subordinations, or unusual loan covenants that affect cash flow or property use. In those circumstances, legal counsel reviews and negotiates terms, coordinates payoffs, and resolves title defects to secure marketable title and proper lien priority. This hands-on role helps prevent future conflicts over enforcement, cross-defaults, or unanticipated restrictions on transfer or development of the property.
Disputed or Unclear Title Matters
When title searches uncover clouds, gaps in chain of ownership, unresolved liens, or encumbrances, comprehensive legal services work to clear these issues before closing. Addressing such matters can include negotiating releases, obtaining payoffs, or preparing corrective instruments for recording. Resolving title problems proactively protects both buyers and lenders by reducing the likelihood of costly litigation after possession or recording. A thorough approach helps ensure the property can be used and transferred without lingering legal impediments.
Benefits of a Full-Service Real Estate Finance Approach
A comprehensive approach provides continuity and accountability through every step of a lending transaction, from document negotiation to final recording. By handling title issues, payoff coordination, and escrow instructions together, counsel can reduce delays and unexpected costs. Clients receive clearer guidance on liabilities and protections, and lenders get confidence that lien positions and recording priorities will be properly preserved. This integrated service supports smoother closings and fewer post-closing disputes.
Comprehensive representation also helps manage complex timelines and interdependent obligations between construction draws, subordinations, and intercreditor agreements. Lawyers who handle these elements can coordinate with lenders and title companies to schedule recordings and disbursements in a way that protects client interests. This coordination reduces the risk of conflicting instructions, missing recordings, and unexpected encumbrances that might otherwise create headaches after settlement.
Risk Reduction Through Proactive Title and Document Review
Careful early review of title commitments, loan covenants, and recording requirements reduces the chance that unanticipated liens or document errors will derail a closing. Counsel who coordinates payoffs and corrective actions can address exceptions before funds are disbursed, protecting both borrower and lender interests. That proactive approach minimizes the potential for future litigation over priority disputes or undisclosed encumbrances, and helps ensure the transaction proceeds on a predictable schedule with fewer surprises.
Streamlined Closings and Clear Post-Closing Documentation
Comprehensive handling of a closing ensures that documents are properly recorded, funds are distributed according to closing instructions, and payoff obligations are accurately satisfied. Lawyers can prepare clear settlement statements, confirm recording of security instruments, and follow up to ensure title insurance policies are issued. This attention to detail provides clients with documented steps taken on their behalf and reduces the administrative burden of dealing with multiple parties after closing has concluded.
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Pro Tips for Smooth Real Estate Financing and Closings
Start Title and Payoff Reviews Early
Begin title searches and payoff inquiries well before the scheduled closing date to allow time to clear liens or secure releases. Early review gives you the opportunity to address recording errors, missing documentation, or unexpected encumbrances without pressuring parties to rush through the closing. Timely communication among borrower, lender, title agent, and counsel helps align expectations about required funds, payoff amounts, and recording sequences, which reduces the likelihood of delays and last-minute hurdles.
Carefully Review Loan Covenants and Prepayment Terms
Confirm Closing Instructions and Disbursement Orders
Verify closing instructions, disbursement procedures, and recording priorities in writing to ensure funds are distributed exactly as intended and that lien priority is preserved. Ask for a detailed settlement statement prior to closing so you can confirm accuracy of fees, taxes, and payoffs. Careful review of these instructions can prevent recording mistakes and protect against unintended junior liens remaining on title after settlement, which might otherwise complicate future transactions.
Reasons to Retain Legal Help for Real Estate Financing
Legal involvement in real estate financing helps ensure that loan documents reflect negotiated terms and that title matters are addressed before closing. Counsel identifies potential lien conflicts, negotiates release language, and confirms that recording procedures in Bradley County will preserve the agreed priority of interests. For borrowers, this oversight protects against unexpected borrower obligations. For lenders, it secures enforceable security interests. Having a lawyer involved reduces transactional risk and helps parties avoid costly corrections after settlement.
In addition to protecting legal and financial interests, legal representation assists with coordinating multiple stakeholders and meeting deadlines required by lenders and title agents. When construction draws, subordinations, or intercreditor matters are involved, counsel ensures disbursements and recording actions follow an order that safeguards client priorities. This level of coordination is particularly helpful in commercial transactions or sales involving multiple properties, where timing and document accuracy are essential to closing success.
Common Circumstances That Benefit From Real Estate Finance Legal Assistance
Common situations that call for legal attention include property purchases with lender financing, refinancing existing mortgages, commercial lending arrangements with complex covenants, construction loan closings, and transactions with unresolved title exceptions. Disputes over lien priority, payoff demands, or mistakes in recording can create significant problems if not addressed before closing. Early legal review helps parties anticipate challenges and prepare corrective measures, avoiding costly post-closing corrections and strained relationships among parties.
Purchasing Property with Lender Financing
When purchasing property using a mortgage or deed of trust, legal review confirms that loan documents align with negotiated terms and that title will be marketable at closing. Counsel coordinates payoff demands for any seller liens, confirms accurate legal descriptions, and verifies that any required title endorsements are obtainable. This review ensures buyers understand their payment obligations, potential escrow requirements, and the effect of loan covenants on future property use or transfer.
Refinancing or Restructuring Existing Loans
Refinancing often involves payoff of existing liens, changes to loan terms, and potential title updates. Legal counsel confirms payoff figures, reviews new security instruments, and coordinates recording to maintain proper lien priority. For borrowers consolidating debt or altering loan structure, legal review examines prepayment provisions and re-clearance of title to prevent residual encumbrances. Attention to these matters simplifies the transition from old to new financing and helps prevent surprise liabilities.
Commercial Lending and Construction Loans
Commercial and construction lending typically include phased disbursements, draw schedules, and performance obligations that must be carefully documented. Legal services ensure construction draws align with inspection and completion requirements, and that intercreditor or subordination agreements protect lender positions while enabling required financing. Counsel also handles related title matters and recording priorities to avoid conflicts that could delay disbursements or impact project timelines, protecting both developer and lender interests through closing and completion.
Real Estate Finance and Lending Services in South Cleveland by Jay Johnson Law Firm
Jay Johnson Law Firm provides practical legal support for real estate finance matters in South Cleveland and Bradley County. We help buyers, borrowers, and lenders navigate loan documentation, title issues, escrow instructions, and recording requirements under Tennessee law. Our goal is to reduce transaction risk through careful review, clear communication, and prompt action on title and payoff matters. Reach out to discuss your transaction needs and how we can help streamline your closing with accurate documentation and coordinated processes.
Why Clients Choose Jay Johnson Law Firm for Finance and Lending Matters
Clients choose our firm for responsive communication and hands-on management of loan closings and title issues. We prioritize clear explanations of loan provisions and practical steps to resolve title exceptions so transactions proceed on schedule. By coordinating with lenders, title agents, and closing personnel, we work to minimize surprises and to keep closings on track. Our focus is on providing the legal support necessary to complete transactions efficiently and to protect client interests during and after closing.
Our approach includes reviewing closing statements and escrow instructions to make sure funds are disbursed accurately and that recording priorities reflect the agreed plan. We draft or review payoff letters and lien releases and monitor the recording process to confirm that security instruments are properly filed. This attention to detail reduces the likelihood of post-closing issues and gives clients documented assurance that the transaction was completed correctly under Tennessee recording practice.
We also provide ongoing support for post-closing questions and follow-up tasks, such as confirming issuance of title insurance policies or preparing corrective recordings if necessary. Clients appreciate having a single legal contact who understands the transaction history and the steps taken to protect their interests. That continuity helps streamline communication and provides practical solutions when unexpected issues arise after settlement.
Contact Jay Johnson Law Firm to Discuss Your Real Estate Financing Needs in South Cleveland
How We Handle Real Estate Finance Transactions at the Firm
Our process begins with an initial review of loan commitments, title commitments, and client goals to identify potential issues and required actions. We then coordinate with lenders and title agents to prepare documents and closing instructions, review settlement statements for accuracy, and confirm payoff calculations. At closing we ensure proper execution of loan instruments and timely recording. After settlement we follow up to confirm issuance of title insurance and that recording and disbursement steps were completed properly.
Initial Case Assessment and Document Review
In the first stage we gather commitments, loan offers, title reports, and any existing recorded liens to perform an initial legal assessment. This review highlights exceptions, required releases, and potential negotiation points in loan documents. We prepare a clear plan to address outstanding items and advise clients on options to resolve title concerns or to request changes in loan terms. The goal is to reach closing with known risks identified and with a path to resolve each issue.
Review of Title Commitments and Exceptions
We carefully review title commitments to identify liens, easements, judgment liens, and other exceptions that could affect marketable title. For each exception we evaluate whether it must be cleared or can be insured over by a title policy endorsement. We coordinate with sellers and lienholders to negotiate payoffs or obtain releases, and advise clients on whether additional documents or corrective instruments are necessary prior to closing.
Examination of Loan Documents and Payoff Requirements
Loan documents are reviewed for terms that affect borrower obligations, default remedies, and payment processes. We confirm payoff requirements for existing mortgages, review prepayment terms, and identify any conditions that could impact timing or funds needed at closing. Clear understanding of payoff mechanics helps avoid shortfalls and ensures that funds disburse correctly on the day of closing and that recordings preserve the intended lien priority.
Negotiation and Clearance of Title Issues
Once issues are identified, we work to resolve lien conflicts, obtain releases, and negotiate necessary language with other parties. This can involve preparing release or satisfaction documents, coordinating payoff amounts, and securing endorsements from title companies. Resolving these matters before closing prevents delays and supports a clean recording for lender security. We aim to ensure title conditions are appropriately addressed so the transaction can proceed without unexpected encumbrances.
Coordinating Payoffs and Liens
Coordinating payoffs requires precise instructions and confirmation of lien satisfactions to avoid residual claims after closing. We prepare payoff letters, follow up with lienholders to secure written releases, and verify recording of satisfactions. Clear coordination of timing for payoffs and disbursements prevents competing claims and helps ensure the lender receives the intended security interest in the property without encumbrances that could impair enforceability.
Securing Title Endorsements and Insurance
When title exceptions remain, we work with title insurers to obtain endorsements that address identified risks or to secure policies that protect lender and owner interests. We evaluate available endorsements and advise on whether additional actions are preferable to relying on insurance coverage. Securing appropriate title insurance reduces potential exposure from undiscovered defects and documents the risk allocation between the insured and the insurer after closing.
Closing, Recording, and Post-Closing Follow-Up
At closing we confirm execution of all loan and transfer documents, ensure funds are disbursed under closing instructions, and coordinate immediate recording of security instruments. After settlement we follow up to confirm recording has been completed, title insurance has been issued, and any post-closing obligations are tracked. This final stage ensures the legal steps required to secure loan collateral and protect property interests are fully documented and completed under Tennessee procedures.
Executing Documents and Handling Funds at Closing
During closing we verify that documents are signed, notarized where required, and delivered to the escrow agent or title company for disbursement. We review closing statements to confirm that payoffs and fees are paid as instructed, and ensure that relevant recording fees are arranged. Careful execution and oversight at this point minimize the risk of errors that could create problems with title or lien priority after funds have been distributed.
Recording, Issuance of Title Policies, and Final Confirmations
After closing, we confirm that the security instruments were recorded in the correct county and that title insurance policies have been delivered as promised. We also monitor for any required post-closing filings or corrective recordings and assist with follow-up communications to address residual matters. Final confirmations provide clients with written assurance that the transaction is complete and that necessary protections and recordings are in place.
Frequently Asked Questions About Real Estate Finance and Lending
What steps should I take before agreeing to a mortgage in South Cleveland?
Before agreeing to a mortgage, review the loan terms carefully, including interest rate, payment schedule, prepayment language, and any covenants that impact property use. Obtain a copy of the title commitment early so you can identify liens or encumbrances that may need resolution. Confirm the total funds required at closing, including closing costs, escrow requirements, and any payoff amounts for existing mortgages, to avoid surprises on the settlement date.Discuss timing and recording procedures with your lender and title agent, and consider early legal review to negotiate unfavorable terms or to address title exceptions. Early involvement helps ensure a smoother closing and reduces the likelihood of last-minute delays that could affect financing or the transaction timeline.
How does title insurance protect me when financing a property?
Title insurance protects against losses arising from defects in the recorded chain of title that were not caught during the initial search, such as forged documents, missing heirs, or undisclosed liens. Lenders typically require lender title insurance to protect their lien position, and buyers often obtain owner title insurance to protect their equity in the property. Reviewing the title commitment helps you understand what exceptions exist and whether endorsements are needed to cover specific risks.If an issue covered by the policy arises after closing, the title insurance policy provides a mechanism for resolving claims and compensating for covered losses subject to policy terms. Securing appropriate policies and endorsements before closing reduces future litigation risk and clarifies who bears responsibility for title defects discovered later.
What happens if a title search uncovers an undisclosed lien?
If a title search uncovers an undisclosed lien, the first step is to determine whether it must be paid or can be removed through a release or correction. In many cases, sellers or prior owners must arrange payoffs or obtain documented releases to clear the lien prior to closing. Counsel can negotiate payoff arrangements and prepare release documents to resolve the issue before funds are disbursed.When liens cannot be immediately cleared, title insurers may offer endorsements or exceptions that allocate risk, or parties may agree to hold funds in escrow pending resolution. Addressing these matters proactively prevents the buyer from taking title subject to unexpected encumbrances and helps protect lender security interests.
Can loan documents be negotiated by counsel before closing?
Yes, loan documents can and often should be reviewed and negotiated by legal counsel prior to closing. A lawyer will review covenants, default and remedy provisions, prepayment terms, and security descriptions to ensure the documents reflect negotiated business terms and to identify potential risks. Counsel may draft amendments or negotiate changes that align the loan with the borrower’s or lender’s expectations, minimizing ambiguity in enforcement scenarios.Having legal review before signing also helps ensure that recording and payoff mechanics are clearly stated, reducing the risk of improper recordings or misapplied funds. Early negotiation of key terms protects client interests and can prevent costly disputes after closing.
How long does a typical loan closing take from commitment to recorded mortgage?
The timeline from loan commitment to recorded mortgage varies depending on transaction complexity, title issues, and the responsiveness of parties. Simple residential refinances may complete in a few weeks, while commercial transactions involving surveys, environmental reviews, or multiple lienholders can take longer. Early coordination of title searches, payoff requests, and escrow instructions helps shorten the process and reduces the potential for delays near closing.Efficient communication among lender, title agent, borrower, and counsel is essential to meet target closing dates. Addressing title exceptions and scheduling necessary recordings in advance improves the chances that the security instrument will be recorded promptly after execution, preserving lien priority and finalizing the transaction.
Do I need legal review for both residential and commercial loans?
Legal review is advisable for both residential and commercial loans, though the depth of review may differ. Residential loans that follow standard forms and involve clean title searches may only need a focused document review, while commercial loans with custom covenants, cross-collateralization, or unusual collateral arrangements warrant more detailed legal involvement to negotiate terms and resolve title complexities.For any loan, legal counsel can confirm that recording and payoff procedures are correct, advise on borrower obligations, and help secure appropriate title endorsements. This oversight reduces the risk of post-closing disputes and helps ensure the transaction proceeds as intended under Tennessee law.
What are common causes of a delayed closing in Bradley County?
Delays in Bradley County closings commonly arise from unresolved title exceptions, last-minute changes to loan terms, or missing payoff authorizations from lienholders. Clerical issues, such as incorrect legal descriptions or missing signatures, can also halt recording and disbursement. Addressing these items early and verifying the accuracy of documents before closing reduces the likelihood of interruption on settlement day.Coordination challenges between lenders, title companies, and out-of-state lienholders can further delay closings. Clear timelines, written payoff instructions, and proactive follow-up help minimize these coordination risks and keep the transaction moving toward a timely recording and disbursement of funds.
How are payoffs handled when multiple mortgages exist?
When multiple mortgages exist, payoffs must be coordinated to preserve the agreed priority and to ensure that subordinate liens are released as required. Lawyers and title agents prepare payoff statements and confirm written releases from holders of existing liens, then coordinate disbursement of funds during closing to satisfy each obligation. Accurate payoff orders prevent residual encumbrances from remaining on title after the transaction closes.In complex cases, intercreditor agreements or subordination arrangements may require negotiation, and escrow may be used to hold funds pending final satisfaction or release recordings. Legal oversight of this coordination is important to avoid disputes and to confirm that recording priority reflects the parties’ agreements.
What should sellers expect regarding lien releases at closing?
Sellers should expect to provide clear documentation for any liens being paid off, including authorization for payoffs and cooperation with title agents to obtain releases. The seller or their counsel often coordinates with lienholders to secure written satisfactions that the title company can record at or after closing. Ensuring accurate payoff figures and timely releases helps buyers receive marketable title free of unexpected encumbrances.Sellers should also confirm that any tax or municipal obligations are addressed before closing, since unpaid assessments can create title exceptions. Clear communication with the buyer’s title company and counsel helps to confirm that all required releases and recordings will occur as part of the closing process.
How do I confirm that documents were properly recorded after closing?
After closing, confirm recording by checking public records in the county where the property is located, or request confirmation from the title company that the deed and security instruments were recorded. Title companies often provide recorded copy information or file stamps that indicate recording dates and document numbers. Verifying these records ensures that mortgage liens were filed correctly and that ownership transfers were documented.If recording issues arise, counsel can prepare corrective recordings or follow up with county clerks to resolve errors. Documenting the recording and retaining copies of recorded instruments and title insurance policies provides needed protection and evidence of proper lien priority and ownership.