If you are buying a home in West Des Moines and you keep hearing “abstract of title,” you are not alone. Iowa handles title work a little differently than many other states, and that can feel confusing at first. The good news is the process is straightforward once you know who does what, how long it takes, and what it costs. This guide walks you through the essentials so you can move toward closing with confidence. Let’s dive in.
What is an abstract of title?
An abstract of title is a condensed, chronological summary of recorded documents that affect a specific property. It shows the chain of title and cites deeds, mortgages, releases, liens, easements, judgments, and more as they appear in the public record. Think of it as the property’s paper trail gathered in one place.
The abstract itself is not legal advice. It is a factual report that attorneys and lenders use to evaluate whether the title is clear and ready for closing.
What is an attorney’s title opinion?
An attorney’s title opinion is a written legal conclusion based on a review of the abstract and relevant records. The opinion states whether the title is marketable or lists issues that must be fixed before closing. If any defects or encumbrances are found, the opinion will outline what needs to happen to cure them.
An attorney’s opinion addresses legal marketability. It is not the same as title insurance, which is an indemnity product that shifts certain risks to an insurer.
Title insurance vs. attorney opinion
In Iowa, the abstract plus an attorney opinion is a long-standing method to evaluate and clear title. Title insurance is also widely available and is commonly required by lenders. These serve different purposes. The abstract and opinion document the condition of title and what must be resolved. Title insurance provides financial protection for covered defects that might surface later.
You can use both. Many buyers rely on an attorney opinion to clear title and also obtain title insurance for added protection.
How abstracts work in Polk County
In Polk County, the public land records are kept at the Polk County Recorder’s office. Abstracters and title companies search those records and update the abstract with any items recorded since the last update.
Private abstract companies or title firms typically prepare and update abstracts. Some attorneys request updates and may conduct supplemental searches. Your lender may require an updated abstract, a title commitment, or both.
Who orders the abstract update
Any party can order the update, but in practice it is often coordinated by your agent, the closing attorney, or the title company once your purchase contract is signed. Lenders frequently set the requirements and timelines. The goal is to bring the abstract current to a specific date so your attorney can issue a fresh opinion.
Step-by-step process for West Des Moines buyers
- Contract signed. Your agent or closing team orders an abstract update from an abstract company or title provider.
- Abstract updated. The provider searches records since the last update and brings the abstract current through a specified date.
- Attorney review. A closing attorney reviews the abstract and issues a written title opinion detailing marketability, exceptions, and any cures.
- Lender review. If you have a loan, the lender reviews the title evidence and may also require a title insurance commitment.
- Clear any issues. Payoffs, releases, subordination, or other cures are collected and prepared.
- Close and record. After closing, required documents are recorded with the Recorder and, if needed, added to the abstract.
Typical timelines in Polk County
For a straightforward residential purchase, an abstract update and attorney opinion often take about 3 to 10 business days from order. If you need a faster closing, some providers offer 24 to 48 hour updates for an added fee.
More complex files related to probate, judgments, old liens, or long ownership chains can take 2 to 6 weeks or more to review and cure. Lender conditions, title insurance commitments, and payoff verification can also add days to weeks to the timeline.
Costs and who usually pays
Expect several components:
- Abstract update (bring-down): often in the low hundreds of dollars, commonly around 75 to 400 dollars depending on work needed.
- Attorney’s title opinion: typically from the low hundreds to several hundred dollars, often around 150 to 600 dollars depending on complexity.
- Title insurance: a one-time premium based on your price or loan amount. The owner’s and lender’s policies are separate.
- Recording and closing fees: county recording fees per document plus any settlement fees.
Who pays what can vary by contract and local custom. Borrowers usually pay for the lender’s title policy if required. The owner’s policy is optional and is negotiated. Abstract and attorney fees are typically treated as closing costs and allocated per your purchase contract. Always review your lender’s estimate and your final settlement statement.
Why Iowa differs from escrow states
In many Western states, escrow companies act as neutral holders of funds and instructions, and they coordinate title work. In Iowa, closings are often attorney-led or handled by title companies that rely on abstracts and opinions. That means timing typically depends on attorney and abstractor schedules rather than an independent escrow holder.
Common title issues and delays
Be aware of frequent bottlenecks so you can plan ahead:
- Unreleased or incorrectly released mortgages
- Judgments or tax liens in the chain of title
- Probate or estate documentation still outstanding
- Municipal assessments or mechanics’ liens that need payoff
- Easements that affect intended use
- Recent recordings not yet posted to the public index
Your attorney and closing team will work to resolve these items, but they can add time.
When to consider title insurance
Consider title insurance if you want indemnity against covered defects that may surface after closing. If the abstract or opinion reveals complex issues, lenders will often require a lender’s policy, and many buyers choose an owner’s policy for added peace of mind. If you prefer shifting risk to an insurer rather than relying only on an opinion, an owner’s policy is the tool that provides that protection.
Your buyer checklist
Use this quick list to stay organized:
- Confirm an abstract exists and its last update date.
- Clarify who orders and pays for the abstract update and attorney opinion.
- Ask your lender whether they require title insurance and who orders the commitment.
- Request a timeline for the update and opinion. Ask about expedited options if you have a tight closing date.
- Make sure the seller provides payoff authorization for any mortgages and shares any lien or assessment info.
- Ask the closing attorney to explain expected exceptions and cures.
How your agent coordinates title work
A hands-on agent keeps the process moving by:
- Ordering and tracking the abstract update and any title insurance commitments
- Delivering the updated abstract to the attorney and circulating the opinion to all parties
- Communicating deadlines and gathering payoffs, releases, or HOA documents
- Scheduling closing once title and lender conditions are satisfied
- Liaising among the abstract company, lender, attorney, and seller to prevent delays
The bottom line for West Des Moines buyers
Iowa’s abstract-and-opinion system may be new to you, but it is designed to make the title clear and marketable before you close. When you know who updates the abstract, how the attorney’s opinion works, and what timelines and costs to expect, you can plan your move with fewer surprises.
If you want a calm, clear path to the closing table, reach out to Lynn Harder. You will get patient guidance, local coordination, and steady communication from contract to keys.
FAQs
What is an Iowa abstract of title for a home purchase?
- It is a compiled, chronological summary of recorded documents that affect a property, used by attorneys and lenders to evaluate the chain of title.
How does an attorney’s title opinion help West Des Moines buyers?
- An attorney reviews the abstract and issues a written opinion on marketability, listing any exceptions and cures needed before closing.
How long does an abstract update and opinion take in Polk County?
- Straightforward files often take 3 to 10 business days, while complex issues or lender conditions can extend the process to several weeks.
Who orders and pays for the abstract update in Iowa?
- Your agent, title company, or attorney typically orders it; payment is allocated by your purchase contract and local custom.
Do I still need title insurance if I have an attorney opinion?
- Many lenders require a lender’s policy, and buyers often choose an owner’s policy for indemnity against covered defects after closing.
What title issues commonly delay West Des Moines closings?
- Unreleased mortgages, judgments, liens, probate documentation, easements affecting use, and recent recordings not yet posted can all cause delays.
How are recording fees handled for Polk County closings?
- Recording fees are set by the county or state and are paid per document at closing, along with other settlement charges.
