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Hello, A title abstract (or search) does not take long at all. Someone goes to the clerks office, searches the title chain and prepares the report. The time depends on the area you are in. If you live in a rural area, in say New Hampshire, it may take up to 10 days because a searcher will only get to the recorder once a week. If you are in Mountain Brook or Mountain Brook it could take as little as 24 hours because many of the records are avaiable online. BTW - Whether this is a purchase or a refi, a title report is usuaslly ordered when the property goes under contract on a purchase, or when you sign your loan application on a refi, there is definatly a faliure in communication here. I would inquire on who dropped the ball! From your post it appears this is a refi.....your loan officer should have ordered title A LONG TIME AGO!!! Once the title report is in, the lender still needs to review and approve it (depending on your lender this could take 1-10 days) Once approved you will be put in line for docs (another 1-3 days). Unless you are doing a quick transation (closing with a week of signing a loan app. or contract) your loan officer is not doing his/her due dilliagence. There is no reason a title commitment should delay a transaction unless they failed to order it in a timely manner. Since they dropped the ball on the title I would definatly inquire if there are any other conditions they are waiting on. This seems very odd that something that takes a couple of days would hold up your transation. They seems to be more they are not telling you here.
If you can't close because your title company can't get the documents prepared on time, you could default on your contract. Since the seller just wants his money, he could potentially sue you for the cash, but that's worst-case scenario. If there was a defect found in the title, the seller wouldn't be offering you free, clear and marketable title, so you could potentially walk away. All depends on how your contract is worded. This is why I always insisted on ordering my abstracts to arrive a week before settlement was scheduled during my days as a title clerk. I sometimes got abstracts back within 24 hours (and this was during the busiest time of the boom) so it doesn't take very long. Granted, if the title company had to downsize due to lack of business, there might only be one person doing them now. Your best bet is to call your Realtor, and make sure s/he is on the ball and everything is set. Remember, that Realtor won't get paid unless your closing goes through. They need to see their commission check, so I'm sure they're waiting on that abstract too! If you don't have a Realtor, call the title company.