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PROPERTY TITLE SEARCH

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WHAT IS A TITLE SEARCH?

A title search is an examination of public records which is performed on behalf of a buyer or a lender to determine and confirm a property's legal ownership and find out what claims or liens are on the property. Every real estate property shall have a clean title to go through properly.

HOW TITLE SEARCHES WORK

A title search is mostly performed by a title company or an attorney. It is usually performed on behalf of a prospective buyer who may be interested in making an offer on the property. It can also be initiated by a lender or any other entity that wants to verify ownership of the property and can determine what claims against the property may exist before approving a loan that uses that property as a collateral.


The performance of a title search conducted by the attorney or title company will perform a thorough research using public records and legal documents to identify the vested owner, the liens on the property, the loans on the property and due property tax.


While it is possible for a prospective buyer or another individual to conduct a title search on their own but, it is not recommended. Legal documents can be confusing and navigating records at the courthouse can be a complicated process.

BENEFITS OF A TITLE SEARCH

Performing a property title search through a title company has many benefits. The discovery of any issues early on, including property liens, will help one to save a lot of money and a potential delay.


For example, if there is a lien on a property you are interested in, then an early discovery of the same can be settled prior to further complications such as difficulty with getting a mortgage loan from a bank.


One of the most common property liens is money due for taxes. All property liens have to be settled before the property purchase is finalized, so these funds could potentially be negotiated between the buyer and the seller.


A property title search safeguards from an undisclosed debt, encroachment, or other issues could come up at the closing table that might throw a wrench into the whole process at the last minute.

TITLE INSURANCE

Title insurance protects both real estate owners and lenders against loss or damage occurring from liens, encumbrances or defects in the title or actual ownership of a property. Title insurance protects against claims for past occurrences.

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An owner's basic title insurance policy covers the following:

  • Ownership by another party

  • Incorrect signatures on documents, as well as forgery and fraud concerning title documents

  • Defective recordation (flawed records or record-keeping)

  • Restrictive covenants (terms that reduce value or enjoyment), such as unrecorded easements

  • Encumbrances or judgments against property, such as outstanding lawsuits or liens

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