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A title search identifies all public records that pertain to the property. An attorney or agent will use a variety legal records to confirm that the owner is legally the owner of the land in most instances. A title search online will also reveal any liens or claims against the property. These could include property taxes either unpaid or paid, and judgments against the owner for negligent acts.
In order to gain access to all this the information, a title search should be completed at least every year. This can be done by contact the county clerk of the county where the property is. They will provide you with information about the due date for the title search and also what the price will be. Usually, they are affordable. These costs can quickly add up when the property is owned by multiple people or has been the subject of multiple court rulings.
There is no need to consult the county clerk in conducting the title search. You can call a title company or private investor that has the ability to access the public records and identify any judgments or liens against the property. Sometimes, it’s as simple of contacting the lien holder via phone or writing them a letter. Sometimes it will take going to court or making formal requests through courts. Regardless, of how it happens, the process of finding the judgments and liens can be lengthy and frustrating.
All that being said, it’s important to keep in mind that every activity has a place and a time. If there are multiple parties involved, you must perform your due diligence. Conducting a title search is required to be done regardless of whether you are working with an agent in real estate, a title company or an investor from the private sector. The only way to clear title is to be legally entitled to the property on the date of the transaction.
As previously mentioned it is possible to purchase the house yourself and also have an open title insurance policy. This will make selling much simpler. Unfortunately many people will not find it so easy. Because there is so much to be gained from selling a house and because the title search must be conducted in order to be sure that you have clear title, you must adhere to the laws of your state regarding the process with great care.
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If you are purchasing the home for yourself and there are judgments or liens against the property, you’ll need to first get a title search from each county where the property is located. A search with a limited coverage will not typically uncover additional liens that will prevent buyers from purchasing the property. A lien register is typically contain all liens that are on a trust deed.
Title insurance generally covers you against liens and judgments following closing. A title search could uncover other ownership issues. For example the case where there was a previous owner who had a mortgage on the house, but never made an entire payment, this could suggest that an additional mortgage was secured. In this case it is possible to reveal the name of the person who held the mortgage. To shield yourself from claims of wrongdoing by others, you’ll have to establish a Limited Liability Company (LLC) or an unlisted mortgage in the event that there is no mortgage.
Sometimes it is the case that a Limited Liability Company (or Unlisted Mortgage) will need to pay tax. In these instances, you will need inform the local tax authority of trust deeds or other ownership documents used to purchase the home. You’ll be better prepared to give this information to your closing agent, or to your attorney, at closing if you’ve completed your title search swiftly.
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