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A title search sifts through the available public records relating to the property in question. In most instances, an agent or lawyer will make use of legal documents to confirm that the owner is indeed the legal owner of the land. The online title search will also show any liens or claims against the property. This could include property taxes, paid or unpaid, and judgements against the property owner due to negligent actions.
To have full access to this information, it is necessary to conduct an initial title search at least once per year. This can be accomplished by contact the county clerk of the county in which the property is. They will give you information regarding when the title search is due and what the price will be. Usually, they are affordable. These costs can quickly rise when the property has been owned by multiple people or was the subject of multiple court rulings.
There is a different way to go about conducting a title search that does not involve the county clerk. Instead, you can call an insurance company that deals in title searches or a private investor who has the resources and time to dig into the public records and find all available judgments and liens against the house. Sometimes, it is as easy as calling the lien holder or sending them a note. Other times, it will need to be taken to court or make formal demands to the courts. No matter how it comes about, the process of finding the judgments and liens can be time consuming and very difficult.
With that said, it is crucial to note that there’s a time and place for each of these actions. If there are multiple people involved in the title search, it is essential to conduct your own research. You must conduct a title search regardless whether you are working with a realty representative or a title company or an investor who is private. A clear title is only obtained by a legal claim on the property at the time of transaction.
You may decide to buy the house yourself, and you’ll need an open-title insurance policy. This will make the selling process much simpler. However there are some who will not find it so easy. Because there is a lot to be gained from selling a home and because titles searches are required to ensure that you have a clear title, you need to follow the laws of your state regarding this type of activity with a great deal of care.
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If you buy the house on your own and you find liens and judgments registered against the property, first obtain an official title search from the county where the property is. A limited coverage search will typically not reveal additional liens that will prevent buyers from purchasing the house. A lien register can usually show all liens in the trust deed.
Title insurance usually protects you from judgments and liens after closing. A title search may reveal other ownership issues. For example, if there is a previous owner who had a mortgage on the house but did not make the final payment, this could suggest that a second mortgage was obtained. A title search can reveal the name of the mortgage holder in this situation. If there’s no mortgage and the closing was conducted against the responsibility of the buyer, you must establish an Limited Liability Company (LLC) or a Unlisted Mortgage to protect yourself against claims of wrong doing by another entity.
Sometimes an Limited Liability Company (or Unlisted Mortgage) will need to pay tax. In this situation you’ll need inform the tax authority in your area that a trust deed or other ownership issues were used to acquire the house. You’ll be better than ready to disclose the information to your closing agent, or to your attorney at closing if you’ve done your title search quickly.
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