1. Objective
This SOP defines how a Virtual Assistant (VA) confirms title search initiation, tracks receipt of the preliminary title report, reviews it for flaggable items, escalates any issues to the agent, and documents the resolution through to written confirmation of clear title.
Title is the foundation of ownership. A lien the buyer doesn't know about at closing is a lien that becomes their problem after closing. An easement that prevents the buyer from building their planned addition is a deal-breaker that should have surfaced in the preliminary report. The VA's job is to make sure the title report is received, reviewed, and any issues are in front of the agent — not quietly filed away because "title usually comes back clean."
Where this SOP starts: Escrow is opened per Earnest Money Deposit & Escrow Opening and the title company has begun the title search.
Where this SOP ends: Written confirmation of clear title is received from the title company and filed, or any identified issue is fully resolved with agent-directed action.Success looks like: The agent receives a one-line confirmation — "Preliminary title report received, reviewed, no issues" — or a specific, documented escalation with everything needed to act.
2. Your Role & Boundaries
2a. What you handle independently
- Confirming with the escrow officer that the title search has been ordered
- Following up if the preliminary title report is not received within the expected window
- Reviewing the title report for specific flaggable items (liens, easements, encroachments, clouds on title)
- Escalating any issue immediately to the agent with a factual description
- Serving as the communication hub between the title company, agent, and listing agent during issue resolution
- Documenting every step of any title issue resolution
- Obtaining written confirmation of clear title and saving it to the transaction file
2b. What requires agent approval before acting
- Any response to the title company about a specific title issue — the agent directs the resolution strategy
- Any communication with the listing agent or seller about title issues
- Any decision about whether a title issue is acceptable to proceed, requires resolution, or is a deal-breaker
- Any coordination with an attorney in attorney states — the agent manages the attorney relationship
2c. What you never do
- You never negotiate on the agent's behalf under any circumstances.
- You never provide pricing, legal, or strategic opinions to any party.
- You never sign or initial any document on behalf of the agent, client, or any party.
- You never communicate directly with the other party's client.
- You never interpret whether a title issue is material or resolvable — flag it to the agent and let the agent decide.
- You never communicate a title issue to the buyer before the agent has reviewed and decided how to handle it.
- You never assume a title issue is minor and proceed without flagging it.
- You never accept verbal assurance from the title company that "it'll be cleared" — get written confirmation.
When in doubt: Flag everything you see and let the agent triage. A flagged issue the agent dismisses takes 30 seconds. An unflagged issue that surfaces at closing can blow up the transaction.
3. Schedule & Trigger
Trigger: Escrow opened per Earnest Money Deposit & Escrow Opening. The title company typically begins the title search automatically when the file is opened. The VA confirms this within 2 days of escrow opening.
Expected timeline: Preliminary title reports typically arrive 7–14 business days after escrow opens. If not received within 14 business days, follow up.
Sequence context: This SOP runs after Escrow Opening and in parallel with the inspection and lender monitoring SOPs. It feeds into Pre-Closing Checklist when title is confirmed clear and the transaction is approaching closing.
4. Title Company Contact Confirmation
Within 2 days of escrow opening, confirm with the escrow officer:
- File is open and title search has been ordered
- Estimated date for preliminary title report delivery
- Escrow officer's direct contact (name, phone, email) — if not already confirmed in Earnest Money Deposit & Escrow Opening
Log this confirmation in the transaction timeline.
5. Preliminary Title Report Receipt
If not received within 14 business days of escrow opening:
Follow up with the escrow officer:
Hi [Escrow Officer Name] — following up on the preliminary title report for [Address] / [Buyer Name]. We opened escrow on [date] and haven't received the report yet. Can you confirm the status and estimated delivery?
[VA Name]
If the report is significantly delayed without explanation, notify the agent. Title delays can push the closing timeline.
When the report arrives:
Save immediately to the transaction file:
[Address] - Preliminary Title Report - [Date Received]
6. Title Report Review Checklist
Review the full report against this checklist. Flag any item to the agent — do not filter or self-assess whether an item is significant.
Liens
| Type | What to Look For | Action |
|---|---|---|
| Tax lien | Unpaid property taxes owed by the current seller | Flag — must be resolved before title transfers |
| Mortgage lien | Existing loan(s) against the property | Confirm these are expected — seller's mortgage(s) are paid off at closing; unexpected liens are a flag |
| Contractor's lien (mechanic's lien) | Filed by a contractor who wasn't paid for work on the property | Flag — must be cleared |
| Judgment lien | Court judgment against the property owner | Flag — must be cleared |
| HOA lien | Unpaid HOA dues | Flag — must be cleared |
Easements
- Note any easement listed: what it covers, who holds it, and what portion of the property it affects
- Flag any easement to the agent — the agent determines whether it affects the buyer's intended use
Encroachments
- Any structure that extends onto a neighboring property or from a neighboring property onto the subject property
- Flag to agent — these typically require a survey to resolve
Clouds on Title
- Unresolved estate or probate (property was inherited and the transfer wasn't properly documented)
- Missing heir claim
- Disputed prior deed
- Any notation suggesting ownership is unclear
- Flag anything in this category immediately — clouds on title are serious
Legal Description Check
- Confirm the legal description in the title report matches the property address in the contract
- Any mismatch — even minor — should be flagged
Current Vesting
- Confirm the seller's name on title matches the seller's name in the executed contract
- If they don't match exactly (e.g., name changed, trust ownership, LLC), flag to agent
7. Escalation
For any flagged item, send the agent a factual summary:
Hi [Agent Name] — preliminary title report received for [Address]. I've completed the review and am flagging the following for your attention:
- [Item type]: [Factual description of what was found]
- [Item type]: [Factual description]
Report saved to transaction file. No further action taken — awaiting your direction.
[VA Name]
If the report is clean:
Hi [Agent Name] — preliminary title report received for [Address]. Review complete — no issues flagged. Report saved to transaction file.
[VA Name]
If the agent is unreachable: Hold any pending action requiring agent direction on flagged title items. Document the escalation with a timestamp. Attempt the secondary contact channel confirmed at onboarding. Do not communicate with the title company, seller's agent, or any party about a flagged item without agent authorization. If a contractual deadline (e.g., title contingency removal) is approaching, note it prominently in the escalation log so it is the first thing the agent sees when they respond.
8. Facilitating Resolution
If the agent directs the VA to facilitate communication during issue resolution:
- The VA is the communication hub — routing information between the title company, agent, and listing agent
- Every communication is logged with date, parties, and content
- No commitments are made to any party without agent approval
- No contact is made with the seller directly
Document every step:
[Address] - Title Issue Log - [Date]
- [Date]: Issue identified — [description]
- [Date]: Agent notified — [agent response/direction]
- [Date]: [Action taken per agent instruction]
- [Date]: Resolution status — [confirmed / pending / escalated]
9. Clear Title Confirmation
When all title issues are resolved (or if there were none):
- Request written confirmation from the title company that title is clear to proceed to closing
- Save the confirmation to the transaction file:
[Address] - Clear Title Confirmation - [Date]
Notify the agent:
Hi [Agent Name] — clear title confirmed in writing for [Address]. Confirmation saved to transaction file.
[VA Name]
10. Attorney States
In some states, a real estate attorney handles the title and closing process rather than (or in addition to) a title company. Confirm with the agent during onboarding whether the market uses attorney closings.
In attorney states:
- The closing attorney is the primary contact (not an escrow officer)
- Title search and closing documents are prepared by the attorney's office
- The VA's communication and document routing goes to the attorney's office
- The VA's role in document review may be more limited — confirm with the agent what the VA reviews directly vs. what the attorney handles
11. Checklist
Escrow Opening Follow-Up
- ☐ Title search confirmed ordered within 2 days of escrow opening
- ☐ Expected preliminary report date noted in transaction timeline
Preliminary Report
- ☐ Preliminary title report received within expected window (or follow-up sent if delayed)
- ☐ Report saved to transaction file
Review
- ☐ Liens reviewed — all flaggable liens noted
- ☐ Easements reviewed — any affecting buyer's use flagged
- ☐ Encroachments reviewed
- ☐ Clouds on title reviewed
- ☐ Legal description confirmed matches contract
- ☐ Vesting confirmed matches seller's name in contract
- ☐ Agent notified of findings (clean report or specific flags)
Resolution (if issues found)
- ☐ Every communication logged with date and parties
- ☐ Resolution facilitated per agent instruction
- ☐ All commitments confirmed before action taken
Clear Title
- ☐ Written clear title confirmation received from title company
- ☐ Confirmation saved to transaction file
- ☐ Agent notified
12. Tools & Access
| Item | Details |
|---|---|
| Escrow/title company contact | [Escrow officer name and direct contact — from Earnest Money Deposit & Escrow Opening] |
| Transaction file | [Google Drive → Title folder] |
| Executed contract | [For legal description and vesting cross-check] |
| Agent's preferred notification channel | [For escalations and clear title confirmation] |