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A title search digests the public records that are available to the real estate property being searched. In most instances, an agent or lawyer will utilize a number of legal documents to verify that the owner is the legal owner of the property. Beyond that, the title search on the internet also uncovers any other liens or other claims that are against the property. This could include property taxes whether they are paid or not, as well as judgements against the property owner for negligent actions.
To gain access to this information, you need to conduct an initial title search at least once per year. Contact the clerk of the county in the county where the property is to do this. They will inform you of when the title search is due, and what the cost will be. They are usually quite affordable. They can quickly add up when the property is held by multiple owners or was the subject of numerous court rulings.
There is no need to consult the county clerk when conducting an inquiry into title. You can instead call a title company or private investor who has the ability to access the public records and identify all judgments and liens on the property. Sometimes, it’s just a matter of calling the lien holder via phone or writing an email. Other times, it will require going to court or making formal requests to the courts. No matter how it is done the process of finding liens and judgments can be a hassle and time-consuming process.
With that said, it is important to note that there is an appropriate time and place for all of these actions. If there are multiple participants involved, you need to conduct your due diligence. Conducting a title search has to be carried out regardless of whether you’re working with a real estate agent or a title company, or a private investor. The only way to get title is to have a legal claim on the property on the date of the transaction.
As mentioned previously, you may decide to buy the house yourself and have an open-title insurance policy. This policy will make the process of selling very simple to complete. Unfortunately there are some who will not find it so easy. You must carefully follow the laws of your state regarding the sale of your house, as there are so many factors that can impact the selling of a house.
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If you buy the house by yourself and there are judgments and liens registering against the property, you must first obtain an official title search from the county where the house is located. A search with a limited coverage is not likely to uncover additional liens that could prevent the buyer from purchasing the property. A lien register will normally include all liens on a trust deed.
Title insurance typically shields you from judgments and liens after the closing. A title search can reveal other ownership issues. For example, if there is an owner before you who had an outstanding mortgage on the property however, they never made an end-of-the-line payment, this could mean that an additional mortgage was secured. A title search may reveal the name of the person who held the mortgage in this situation. If there is no mortgage and the closing was performed against the liability of the buyer, you must establish an Limited Liability Company (LLC) or an Unlisted Mortgage to protect yourself against accusations of wrongdoing from another person.
Sometimes an Limited Liability Company (or Unlisted Mortgage) will have to pay taxes. In these cases you must inform the local tax authority of trust deeds or other ownership issues used in the purchase of the house. When you’ve completed your title search in a timely manner you will be better prepared to present the information to the closing agent and/or attorney at closing.
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