Comprehensive Legal Options

Bifurcated Title in Illinois

Buyer Right to Choose Your Title Company

What Is Bifurcation of Title?

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Bifurcation of title is when the buyer chooses a different title company than the one selected by the seller’s attorney, so the buyer’s side of the title services is handled by the buyer’s preferred provider.

When the buyer is obligated to pay for title insurance, Illinois law supports the buyer’s right to choose the title insurance company and agent.

Savings vary by transaction, lender requirements, contract terms, pricing, and timing.

Disclaimer: This page is for educational purposes only and does not constitute legal advice. Every transaction is different.
First time buyer
Financed buyer
Cash buyer
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What the Law Says

The Illinois Title Insurance Act (215 ILCS 155/18.1) addresses this directly:

A lender or producer of title business cannot require the party paying for title insurance to use a specific title company as a condition of providing services.

If you are paying for title insurance, you may have the right to choose the provider, and you should not be forced into someone else’s default option.

Why Bifurcate With EV Häs?

Working with EV Häs and our title partners may provide:

Why This Works

Discounts and smoother performance happen when the title partner already knows the attorney’s expectations, timelines, and document standards—so coordination is faster and issues are resolved earlier.

Not sure which practice area fits?

If you’ve received a notice, court filing, or you’re facing a deadline, we’ll confirm where you are in the process and recommend the next best move.

How Bifurcation Works

1

Ask to bifurcate early
Request during offer stage or attorney review period

2

Choose your title company
Select your preferred provider for the services you are paying for

3

Coordinate with the seller’s team
Ensure roles are clearly assigned between both title companies

4

Title company handles buyer-side documents
Your title company manages escrow and lender documents on your behalf

5

Close with a clearer workflow
Complete closing with potentially lower costs and better coordination

Timing Tip
If requested late, coordination becomes harder. Early notice makes the process smoother for everyone involved.

Your Concerns and the Truth

Is it legal?
Yes. Illinois law (215 ILCS 155/18.1) supports the buyer’s right to choose the title insurance company when the buyer is paying for title insurance. You cannot be forced to use a specific provider as a condition of receiving services.
When requested early (during offer stage or attorney review), bifurcation typically does not delay closing. The key is early communication so both teams can coordinate effectively. Requesting late in the process may cause complications.

The process itself is straightforward when handled by experienced professionals. Your attorney and chosen title company coordinate with the seller’s team to ensure clear role assignments and smooth document flow.

Most real estate transactions follow default workflows that benefit existing provider relationships. Buyers are rarely coached on their title selection rights, and many agents and attorneys simply use their standard vendors without discussing alternatives.
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