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A title search will analyze the public records available to the property in question. In most instances an attorney or agent will use a variety of legal documents to confirm that the property owner is indeed the legal owner of the property. Beyond that, the title search online also digs up any other liens or claims against the property. These could include property taxes (paid or unpaid) to judgments against the property owner due to various negligent acts.
To have full access to the information you require, you must conduct an annual title search at least once a year. Contact the county clerk of the county where the property is in order to complete this. They will give you information regarding when the title search is due and what the price will be. They’re usually affordable. These costs can quickly increase when the property has been owned by multiple people or has been the subject of multiple court rulings.
You don’t need to consult the county clerk in 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 find any judgments or liens against the house. Sometimes, it is as easy as calling the lien holder or writing them an email. Other times, it will require going to court or making formal requests through the courts. Regardless, of how it comes about the process of locating the judgments and liens could be lengthy and frustrating.
All of this being said it’s crucial to keep in mind that each activity has a place and an time. If there are several parties that are involved in the title search it is essential to conduct your research. You must conduct an investigation into the title regardless of whether you are working with a real estate agent or a title firm or an individual investor. Clear title can only be achieved by a legal claim against the property at the time of transaction.
You could choose to purchase the house yourself, and you will require an open-title insurance. This policy can make selling the house much simpler. Unfortunately, not all buyers will have an easy time. You must carefully follow the laws of your state for this kind of activity, since there are a myriad of factors which can affect the selling of a house.
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If you decide to purchase the property by yourself and you find judgments and liens that are registered against the property, first obtain an official title search from the county where the house is located. A limited coverage search won’t typically reveal additional liens that could hinder the buyer from purchasing the house. A lien register will typically show all liens in a trust deed.
Title insurance generally protects you from liens and judgments after closing. A title search may uncover other issues with ownership. A title search may reveal other ownership issues like the previous owner who had an interest-free loan on the property, but did not make final payments. This could indicate that the mortgage was a second one. A title search could identify the name of the person who held the mortgage in this situation. To shield yourself from claims of wrongdoing by others, you will be required to create an Limited Liability Company (LLC), or unlisted mortgage if there’s no mortgage.
Sometimes, a Limited Liability Company (or Unlisted Mortgage) is required 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 acquire the house. You’ll be better prepared to provide the details to the closing agent, or to your attorney at closing if you’ve done your title search swiftly.
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