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A title search is a search of all public records that pertain to the property. An agent or lawyer will use a variety legal documents to confirm that the owner is the legal owner of the property in most cases. The title search performed online will also show any liens or claims against the property. These could range from tax liens (paid or unpaid) to judgments filed against the owner for a variety of negligent acts.
To have access to this information the information, a title search should be completed at least annually. Contact the county clerk in the county where the property is located in order to complete this. They will give you information regarding when the title search is due and what the cost will be. They’re generally quite affordable. These costs are often high when the property is held by multiple owners or has been the subject of multiple court rulings.
You don’t need to contact the county clerk when conducting the title search. Instead, you can make contact with a title agency or private investor that is able to access public records and identify all liens and judgments against the house. Sometimes, it’s simple to contact the lien holder, or writing them an email. Sometimes, it’s the court process or making formal demands through the courts. No matter how it happens, the process of finding the liens and judgments can be time consuming and very difficult.
With all of this being said, it is important to note that there is a specific time and date for each of these actions. If there are multiple parties involved, it is important to perform your due diligence. Conducting a title search is required to occur even if you are working with a real estate agent as well as a title company or an investor who is private. The only way to get title is to have a legal claim on the property on the day of the transaction.
As mentioned previously, you may decide to purchase the house yourself and also have an open title insurance policy. This policy can make the selling process much simpler. However, not everyone will find it that easy. You must be aware of the regulations of your state on this activity, as there are so many factors that can affect the sale of a house.
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If you buy the house by yourself and there are liens and judgments registered against the property, you must first obtain an official title search from the county in which the house is located. A limited coverage search will not often reveal additional liens that could hinder the buyer from purchasing the property. A lien register is typically include all liens 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 in the event that there was an owner prior to the search who had an outstanding mortgage on the property, but never made an entire payment, this could indicate that there was a second mortgage. A title search may identify the name of the mortgage holder in this scenario. If there is no mortgage, and the closing has been done in the name of the purchaser, it is necessary to make a Limited Liability Company (LLC) or an Unlisted Mortgage to protect yourself against any potential claims of wrongdoing made by the other person.
Sometimes an Limited Liability Company (or Unlisted Mortgage) is required to pay tax. In this case, you will need to inform the local tax authority that a trust deed or other ownership issues were used to obtain the house. Once you have completed your title search promptly you will be prepared to provide this information to your closing agent and/or your attorney at the time of closing.
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