Most buyers don’t realize they can shop title services. They assume the title company is “just part of the deal,” and they go with whoever is already in the transaction.
But Illinois law recognizes a simple principle: if you’re obligated to pay for title insurance, you may have the right to choose the title insurance company and agent.
The key takeaway:
When you’re paying for title services, you should be able to choose the provider.
That single decision can reduce fees and improve the closing experience, especially when it’s handled early and coordinated correctly.
Below is a clear, step by step explanation of bifurcated title (and why it can work well with EV Häs). If you want us to confirm whether your contract and lender allow it, send the offer and we’ll review it quickly.
Save at Closing
Send your contract and we’ll confirm whether bifurcation is available, and what it could save you.
What Is Bifurcation of Title?
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.
Why it matters: title fees can vary widely. When you shop and coordinate early, you may lower out of pocket costs without creating delays. Savings vary by transaction, contract terms, lender requirements, and timing. This is for educational purposes only, not legal advice.
What the Law Says: The Law Is on Your Side
The Illinois Title Insurance Act states that it is Illinois public policy that parties to a residential real estate sale who are obligated to provide and pay for title insurance have the right to choose the title insurance company and the title insurance agent (see 215 ILCS 155/18.1).
It also states that a lender or a producer of title business cannot require the party paying for title insurance to use a specific title company as a condition of providing services.
Translation:
If you’re paying for title services, you may have the legal right to choose the provider, and you shouldn’t be boxed into someone else’s default option.
Note: This is general educational information. Whether bifurcation makes sense depends on your contract terms, lender requirements, pricing, and timing.
Why Bifurcate With EV Häs?
When bifurcation is coordinated early and handled correctly, buyers often get multiple benefits at once: cost control, smoother communication, and fewer avoidable closing mistakes.
When you bifurcate with EV Häs and use our trusted title partner, you may unlock:
- Meaningful savings on title related fees (transaction dependent)
- Clearer communication and real time updates
- Bilingual support throughout the process
- A cleaner closing workflow with fewer last minute surprises
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.
If you’re comparing options, the goal isn’t just lower fees. The goal is lower fees without chaos. Bifurcation requested late, or handled poorly, can create friction. Done early with the right team, it’s often a net improvement.
Ask Early
The earlier bifurcation is requested, the smoother the coordination with the seller’s team usually is.
How Bifurcation Works
The process is simple when you do it early:- Ask to bifurcate early (offer stage or attorney review).
- Choose your title company for the services you’re paying for.
- We coordinate with the seller’s team so roles are clear.
- Your title company handles escrow and lender documents on the buyer side.
- You close with a clearer workflow and potentially lower costs.
Timing tip:
If bifurcation is requested late (right before closing), coordination becomes harder. Early notice makes it smoother.
Why Don’t Most Buyers Know About This?
Most buyers never hear the word bifurcation because the default path is profitable for the parties who get chosen automatically. In a fast moving deal, many people don’t want to add a decision they don’t fully understand.
But when a buyer is paying for title services, Illinois law is designed to protect the buyer’s ability to choose.
If you’re trying to keep out of pocket costs down, the smartest time to ask about savings is before you’re locked into a closing schedule and a vendor stack you didn’t choose.
Your Concerns and the Truth
1) Is it legal?
Yes. Illinois law supports the right of the party obligated to pay for title insurance to choose the title insurance company and agent.
2) Will it delay closing?
Not usually if it’s requested early and coordinated properly. Late changes can create friction, so timing matters.
3) Is it complicated?
It doesn’t have to be. A coordinated attorney and title partner can keep the workflow clean.
4) Why haven’t I heard of this?
Because default providers often benefit when buyers don’t shop, and buyers rarely get coached on how title selection works.
Best practice:
Ask about bifurcation during attorney review, not the week of closing.
If you’re already under contract, you’re not too late in every case, but the sooner you ask, the more likely the process stays smooth.
Who Usually Benefits Most From Bifurcation?
Bifurcation is most useful for buyers who want more control over title related costs and a cleaner closing process, without surprises. It can be especially helpful when you are financing the purchase and you want your deal structured in a way that protects your cash to close.
It can be a strong fit when:- You want to shop fees instead of accepting the default provider
- You want tighter communication and fewer last minute surprises
- You want a buyer focused process, with clear roles and accountability
- You are trying to keep cash to close as low as reasonably possible
- You are working with a short timeline and need coordination to be efficient
You may benefit most if you are:- A first time buyer who wants clarity and a guided process
- A financed buyer using closing cost credits and trying to manage out of pocket expenses
- Buying a condo or property with added documents and approval steps, where proactive coordination matters
- Buying in a higher price range where small percentage differences can become meaningful
- In a deal where multiple parties are involved, such as a broker, lender, and attorney, and communication quality matters
If you’re unsure whether bifurcation is available, send your contract for a quick review and we’ll tell you what options you realistically have, and how to execute it cleanly.
To review it quickly, send:- Your signed contract or current draft
- Your target closing date and attorney review deadline, if applicable
- Your lender name, and any lender instructions you already received
- Your Loan Estimate, if you have it
Eligibility depends on the deal.
Contract terms, lender requirements, pricing, and timing can affect whether bifurcation is practical. The earlier you confirm, the smoother it usually is.
Many lenders allow bifurcation, but requirements vary and some lenders have specific procedures or approved title expectations. Confirm early so there are no surprises and so the closing schedule stays on track.
When it may not be worth it:- The seller is paying for title insurance or controls the selection under your deal terms
- Your transaction is extremely rushed and changing providers would add avoidable friction
- Your lender has restrictions that make switching impractical for your timeline
Ready to Save on Your Closing?
If you’re under contract (or about to be), we can review your documents and tell you whether bifurcation is available in your transaction, and what it could realistically save you.
What you’ll get:- A quick eligibility check based on your contract and lender requirements
- Clear next steps to request bifurcation the right way
- A practical estimate of potential savings based on the fees you’re paying for
Send Us Your Contract
We respond within 24 hours (business days).
Email: clients@evlawgroup.com
Call: (312) 775 0980
To speed it up, include:- Your signed contract (or current draft)
- Your target closing date and attorney review deadline
- Your lender name and any lender instructions you have
- Your Loan Estimate, if available
Reminder: This page is educational only and not legal advice. Eligibility and potential savings depend on your deal terms, lender requirements, pricing, and timing.
Get a Fast Review
Email your documents and get a response within 24 hours (business days).
Frequently Asked Questions
Quick answers about bifurcated title and your right to choose in Illinois.
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