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A title search is a search of all public records that pertain to the property. An agent or lawyer will utilize a variety legal documents to confirm that the property owner is the legal owner of the land in most instances. The title search performed online will also reveal any liens or claims against the property. This could include property taxes whether they are paid or not, and judgments against the owner due to negligence.
To gain access to all of this an annual title search must be completed at least every year. Contact the clerk of the county of the county in which the property is to do this. They will give you information regarding when the title search is due and what the cost will be. Usually, they are quite affordable. They can quickly increase when the property is owned by multiple individuals or was involved in multiple court decisions.
There is another way to conduct a title search that doesn’t require the county clerk. You can instead contact a title firm or private investor who has the ability to access the public records and identify any judgments or liens against the property. Sometimes, it is as easy as calling the lien holder or sending them a note. Sometimes it will take the court process or making formal demands through courts. No matter how it happens the process of locating the judgments and liens could be time consuming and very difficult.
With all this said it’s essential to remember that each activity has a place and a time. If there are multiple participants involved in the title search, you need to conduct your own research. Conducting a title search needs to be carried out regardless of whether you are working with an agent for real estate or 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.
You might decide to purchase the property yourself, and you’ll require an open-title insurance. A policy like this will make the sale process very simple to complete. Unfortunately, not everyone will have a smooth time. You must be aware of the laws of your state for this type of business, as there are numerous factors that can affect the sale of a house.
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If you are purchasing the house by yourself and you find judgments and liens registering against the property, you need to first obtain an official title search from the county in which the house is located. A limited coverage search will typically not reveal additional liens which will stop the buyer from buying the house. A lien register will normally show all liens that are on a deed of trust.
Title insurance typically covers you against judgments and liens following closing. A title search may uncover other issues with ownership. A title search can reveal other ownership issues, such as an owner who previously held an interest-free loan on the property but never made the final payment. This could suggest that an additional mortgage was secured. In this scenario the title search may reveal the name of the person who held the mortgage. To safeguard yourself from accusations of wrongdoing from others, you will need to form an Limited Liability Company (LLC) or an unlisted mortgage if there’s no mortgage.
Sometimes the Limited Liability Company (or Unlisted Mortgage) is required to pay tax. In this case, you will need to inform the tax authority in your area that a trust deed, or other ownership issues were used to obtain the house. You’ll be better prepared to provide this information to your closing agent, and/or to your attorney prior to closing if you’ve completed your title search swiftly.
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