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A title search digests the public records available to the property being searched. A lawyer or agent will use a variety of legal records to verify that the property owner is legally the owner of the property in most cases. The title search on the internet will also uncover any claims or liens against the property. These can range from property taxes (paid or not paid) to judgments against the owner for a variety of negligent acts.
To have full access to the information you require, you must conduct a title search at least once per year. Contact the clerk of the county of the county where the property is to conduct this. They will inform you when the title search is due, and what the price will be. They’re generally quite affordable. They can quickly increase when the property has been owned by several people or has been subject to several court judgments.
There’s a different method to go about conducting an a title search that does not require the county clerk. Instead, you can contact a title firm or private investor who is able to access public records and find any judgments or liens against the house. Sometimes, it’s as simple as contacting the lien holder, or writing them an email. Other times, it will need to be taken to court or make formal demands through the courts. Whatever way it is done the process of locating judgments and liens can be time-consuming and frustrating.
All that being said it’s crucial to remember that every activity has a place and an appropriate time. If there are multiple parties involved, you must do your due diligence. Conducting a search for title needs to be carried out regardless of whether you are working with a real estate agent, a title company or an individual investor. Clear title can only be secured through a legal claim to the property on the day of the transaction.
As mentioned previously, you may decide to buy the house yourself and also have an open title insurance policy. This policy can make the sale process very easy to complete. Unfortunately, not everyone will have a smooth time. Be sure to adhere to the rules of your state on the sale of your house, as there are many variables that could affect the sale of a house.
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If you are purchasing the house on your own and you find judgments and liens that are registered against the property, first obtain a title search from the county where the property is. A search with a limited coverage won’t typically reveal additional liens that would prevent buyers from purchasing the house. A lien register is typically include all liens on a deed of trust.
Title insurance typically covers you from judgments and liens following closing. However, a title check could also reveal other ownership issues. A title search can uncover other issues with ownership for instance, a previous owner who held a mortgage on the property, but never made final payments. This could indicate that there was a second mortgage. A title search could identify the name of the person who held the mortgage in this scenario. If there’s no mortgage, and the closing was conducted against the responsibility of the buyer, it is necessary to make the operation of a Limited Liability Company (LLC) or a Unlisted Mortgage to protect yourself against accusations of wrongdoing from an unrelated third party.
Sometimes a Limited Liability Company or an Unlisted Mortgage is required to pay certain taxes. In these situations you’ll need to notify the tax authority of the location of trust deeds or other ownership issues that you used to acquire the house. After completing your title search in a timely manner you will be prepared to provide the information to your closing agent or attorney when you close.
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