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A title search will reveal all public records that pertain to the property. A lawyer or agent will use a variety legal records to confirm that the owner is the legal owner of the land in the majority of cases. Beyond that, the online title search will also reveal any other liens or other claims that are against the property. These could include taxes on the property, paid or unpaid, as well as judgments against the owner due to reckless actions.
To have full access to this information, you must conduct an investigation of the title at least once per year. Contact the county clerk in the county in which the property is located to conduct this. They will inform you regarding when the title search is due and what the cost will be. They are usually quite affordable. However, you need to be aware that if there have been several previous owners or that there are several judgments against the property the costs could quickly add up.
There’s a different method to go about conducting a title search that doesn’t require the county clerk. You can instead contact an insurance company that deals in title searches or a private investor who has the resources and time to look into the public record and locate all of the available judgments and liens against the property. Sometimes, it’s just a matter of calling the lien holder or sending them a note. Other times, it will require going to court or making formal requests through the courts. However, regardless of how it is done the process of locating the liens and judgments can be time consuming and very frustrating.
With all this said it’s crucial to remember that each event has a place and an time. If there are multiple parties involved, you must do your due diligence. Conducting a search for title needs to occur even if you’re working with a real estate agent or a title company, or an investor from the private sector. Clear title can only be achieved by a legal claim on the property at the time of transaction.
As previously mentioned you could decide to purchase the home yourself and also have an open title insurance policy. The presence of this policy will make the selling process extremely easy to complete. However, not everyone will have such an easy process. Be sure to adhere to the rules of your state for this activity, as there are numerous factors which can affect the sale of a house.
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If you buy the house by yourself and you find judgments and liens registering against the property first obtain a title search from the county in which the property is. A search with a limited coverage will typically not reveal additional liens that will prevent the buyer from purchasing the property. A lien register should include all liens on a deed of trust.
Title insurance usually protects you from liens and judgments following closing. However, a title check could also reveal other ownership issues. For example when there is an earlier owner who held a mortgage on the house, but never made an entire payment, this could indicate that there was a second mortgage. A title search may reveal the name of the person who held the mortgage in this instance. If there is no mortgage, and the closing has been done in the name of the purchaser, you must conduct the operation of a Limited Liability Company (LLC) or an Unlisted Mortgage to protect yourself against any potential claims of wrong doing by another third party.
Sometimes, a Limited Liability Company or an Unlisted Mortgage may be required to pay some taxes. In these instances you must inform the tax authority in your area of trust deeds or other ownership issues that you used to purchase the home. You’ll be more prepared to provide the details to the closing agent or to your attorney at closing if you’ve done your title search in a short time.
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