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A title search identifies all public records that pertain to the property. In the majority of cases an attorney or agent will make use of different legal records to confirm that the owner is indeed legitimately the owner of the land. The title search on the internet will also identify any claims or liens against the property. These could include property taxes, paid or unpaid, and judgments against the owner for negligent acts.
In order to have access to all of this, a title search must be conducted at least once a year. This can be accomplished by contacting the county clerk of the county in which the property is. They will inform you when the title search is due, and what the price will go. Usually, they are affordable. They are often high when the property is owned by multiple individuals or was subject to several court judgments.
There is no need to consult the county clerk when conducting an inquiry into title. You can make contact with a title agency or private investor that has the ability to access public records and locate all liens and judgments against the house. Sometimes, it’s as simple of calling the lien holder by phone or writing an email. Sometimes, it’ll require going to court or making formal requests to the courts. However, regardless of how it comes about the process of locating the judgments and liens could be time consuming and very frustrating.
With all that mentioned, it’s important to note that there’s an appropriate time and place for all of these actions. If there are multiple parties that are involved in the title search you must to conduct your own research. Conducting a title search has to occur even if you’re working with an agent for real estate or a title firm or an investor from the private sector. Clear title can only be secured by a legal claim against the property at the time of transaction.
As we mentioned earlier you can decide to buy the house yourself and also have an open title insurance policy. This policy will make selling much easier. Unfortunately, not all buyers will have an easy process. Because there is so much involved in the sale of a home and because the title search must be conducted in order to be sure that you have a clear title, you need to follow your state’s regulations regarding this process very carefully.
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If you are purchasing the house for yourself , and there are judgments or liens against the property, you’ll need to first get a title search from every county in which the house is located. A limited coverage search is not likely to uncover additional liens that will prevent buyers from purchasing the property. A lien register is typically show all liens in a trust deed.
Title insurance will typically protect you from judgments and liens after the closing. However, a title check can also reveal other ownership issues. A title search may uncover other issues with ownership for instance, the previous owner who had an interest-free loan on the property, but did not make final payments. This could suggest that there was a second mortgage. In this case an investigation of the title could reveal the name of the mortgage holder. To protect yourself from any accusations of wrongdoing from others, you’ll have to establish a Limited Liability Company (LLC) or an unlisted mortgage in the event that there is no mortgage.
Sometimes a Limited Liability Company or an Unlisted Mortgage is required to pay taxes. In this situation, you will need to inform the tax authority in your area that a trust deed or other ownership documents were used to acquire the house. You’ll be more ready to disclose this details to the closing agent and/or to your attorney prior to closing if you have done your title search in a short time.
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