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A title search digests the public records that are available to the real estate property in question. A lawyer or agent will use a variety legal records to verify that the property owner is legally the owner of the land in most instances. Beyond that, the title search online also digs up any other liens or claims against the property. These could range from property taxes (paid or not paid) to judgments against the property owner due to a variety of infractions.
To have access to this information, it is necessary to conduct an initial title search at least once a year. Contact the county clerk of the county where the property is located to conduct this. They will let you know when the title search is due, and what the price will go. They are usually affordable. However, you need to take into consideration that if there has been several previous owners and/or that there are several judgments against the property, then these costs can get expensive quickly.
There is another way to go about conducting an investigation into the title of a property that does not involve the county clerk. You can instead contact a title company or private investor who has the ability to access the public records and track down all judgments and liens on the house. Sometimes, it’s as simple of contacting the lien holder on the phone or writing the lien holder a letter. Sometimes, it’s going to court or making formal requests to the courts. It doesn’t matter how it is done, the process for finding judgements and liens can be frustrating and time-consuming.
With all that mentioned, it’s important to remember that there is an appropriate time and location for all of these activities. If there are several people that are involved in the title search it is essential to conduct your research. Conducting a title search has to be conducted regardless of whether you are working with an agent for real estate as well as a title company or an individual investor. The only way to clear title is to be legally entitled to the property as of the date of the transaction.
You might decide to purchase the property yourself, and will require an open-title insurance policy. Having this policy in place can make the sale process very easy to complete. Unfortunately, not everyone will find it easy. It is important to follow the laws of your state on this kind of activity, since there are so many factors that can affect the selling of a house.
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If you decide to purchase the property by yourself and there are judgments and liens registering against the property first conduct an official title search from the county where the house is located. A limited coverage search is not likely to uncover additional liens which will stop buyers from purchasing the house. A lien register is typically include all liens on the trust deed.
Title insurance generally protects you against judgments and liens following closing. A title search may uncover other ownership issues. For example when there is an owner prior to the search who had an outstanding mortgage on the property however, they never made an entire payment, this could indicate that the mortgage was refinanced. A title search can identify the name of the person who held the mortgage in this case. To protect yourself from any claims of wrongdoing by others, you’ll be required to create a Limited Liability Company (LLC) or a mortgage that is not listed if there is no mortgage.
Sometimes it is the case that a Limited Liability Company (or Unlisted Mortgage) may be required to pay taxes. In these situations you will need to inform the local tax authority of trust deeds or other ownership issues used to acquire the house. You will be more prepared to provide the information to your closing agent and/or to your attorney at closing if you’ve completed your title search swiftly.
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