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A title search analyzes the public records that are available to the real estate property in question. In the majority of instances an attorney or agent will utilize a number of legal documents to confirm that the owner is indeed legitimately the owner of the land. A title search online will also identify any claims or liens against the property. These could range from tax liens (paid or not paid) to judgments filed against the property owner due to a variety of negligence-related actions.
To have access to all of this it is necessary for a title search to be completed at least annually. Contact the county clerk in the county where the property is to do this. They will provide you with information regarding the due date for the title search and also what the price will be. Typically, they are affordable. However, you should also be aware that if there have been multiple previous owners and/or that there are several judgements against the property the costs could quickly add up.
There’s a different method to conduct the title search that does not require the county clerk. Instead, you can make contact with a title agency or private investor that is able to access public records and find all liens and judgments against the property. Sometimes, it’s simple to contact the lien holder, or writing them an email. Sometimes, it’s going to court or making formal requests to the courts. Whatever way it is done the process of locating the judgments and liens could be lengthy and frustrating.
With all that mentioned, it’s important to note that there’s a specific time and date for each of these activities. If there are multiple people that are involved in the title search you must to do your research. You must conduct an inquiry into title regardless of whether you are working with a realty broker or a title company or a private investor. The only way to make title clear is to be legally entitled to the property as of the day of the transaction.
You could decide to purchase the house yourself, and you will need an open-title insurance policy. This policy can make selling the house much simpler. However, not everyone will have an easy process. Since there is so much at stake when selling a house and because the title search must be conducted to ensure that you have a clear title, you must adhere to your state’s regulations regarding this process very carefully.
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If you are buying the home for yourself and there are judgments or liens against the property, you will need to first get an official title search from each county where the property is located. A search with a limited coverage won’t typically reveal additional liens that could prevent buyers from purchasing the house. A lien register will usually contain all liens that are on a trust deed.
Title insurance is typically used to protect you from judgments and liens following the closing. However, a title search could also reveal other ownership issues. For instance when there is an owner prior to the search who had a mortgage on the house, but never made an entire payment, this could suggest that an additional mortgage was secured. A title search may reveal the name of the mortgage holder in this instance. To shield yourself from accusations of wrongdoing from others, you will need to form an Limited Liability Company (LLC) or a mortgage that is not listed if there’s no mortgage.
Sometimes the Limited Liability Company (or Unlisted Mortgage) will have to pay taxes. In these instances you’ll need to inform the tax authority in your area of the deeds of trust or other ownership documents used to purchase the house. After completing your title search promptly you will be better prepared to provide the information to the closing agent as well as your attorney at closing.
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