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A title search is a search of the public records related to the property. An attorney or agent will utilize a variety legal documents to confirm that the owner is legally the owner of the property in most instances. The title search on the internet will also reveal any liens or claims against the property. These could include tax liens (paid or unpaid) to judgments against the property owner due to various negligent acts.
To have full access to this information, you must conduct a title search at least once a year. Contact the clerk of the county in the county where the property is located to do this. They will inform you about the due date for the title search and also what the price will be. Usually, they are affordable. However, you should also think about the possibility that there have been several previous owners or that there are a number of judgments against the property the costs could get expensive quickly.
It is not necessary to involve the county clerk in conducting a title search. Instead, you can contact a title company or private investor who is able to access the public records and find any judgments or liens against the property. Sometimes, it’s a matter of calling the lien holder by phone or writing them a letter. In other cases, it may need to be taken to court or make formal demands through the courts. Whatever way it is done, the process of finding the judgments and liens can be lengthy and frustrating.
With that said, it is crucial to note that there’s an appropriate time and location for all of these activities. In the event that there are multiple parties involved, it is important to conduct your due diligence. Conducting a search for title needs to occur even if you’re working with an agent representing real estate, a title company or an individual investor. The only way to make title clear is to have a legal claim to the property as of the date of the transaction.
You could choose to purchase the property yourself, and you’ll need an open-title insurance policy. This policy will make selling the house much simpler. Unfortunately it isn’t for everyone to find it that easy. There is so much to be gained from selling the house and since titles searches are required in order to be sure that you have clear title, you have to adhere to your state’s regulations regarding this activity very closely.
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If you are purchasing the house on your own and you find liens and judgments registered against the property you need to first conduct a title search from the county where the property is. A limited coverage search won’t typically reveal additional liens which would hinder buyers from purchasing the home. A lien register will usually include all liens on a trust deed.
Title insurance usually protects you against liens and judgments after closing. However, a search for title could also uncover other ownership issues. For example in the event that there was an earlier owner who held an outstanding mortgage on the property, but never made the final payment, this could indicate that the mortgage was refinanced. In this scenario an investigation of the title could reveal the name of the mortgage holder. If there is no mortgage, and the closing was done in the name of the buyer, you should create the operation of a Limited Liability Company (LLC) or a Unlisted Mortgage to protect yourself against claims of wrongdoing made by an unrelated entity.
Sometimes, a Limited Liability Company or an Unlisted Mortgage is required to pay some taxes. In this case you’ll need to inform the local tax authority that a deed of trust or other ownership documents were used to obtain the property. Once you have completed your title search promptly you will be better prepared to present this information to your closing agent or attorney at the time of closing.
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