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A title search digests the public records that are available to the property being searched. An attorney or agent will use a variety of legal records to confirm that the owner is the legal owner of the property in most cases. Beyond that, the title search online also reveals any other liens or other claims that are against the property. These could range from tax liens (paid or not paid) to judgments filed against the owner for various infractions.
In order to gain access to all of this it is necessary for a title search to be conducted at least once a year. This can be accomplished by calling the county clerk of the county in which the property is located. They will provide you with details regarding the due date for the title search and also what the price will be. They’re usually affordable. They are often high when the property has been owned by several people or if it was the subject of multiple court rulings.
Another method is to go about conducting the title search that doesn’t involve the county clerk. You can instead make contact with a title agency or private investor that is able to access public records and identify all judgments and liens on the house. Sometimes, it’s just a matter of contacting the lien holder on the phone or writing them a letter. Other times, it will need to be taken to court or make formal demands to the courts. However, regardless of how it happens the process of locating the liens and judgments can be time consuming and very difficult.
All that being said, it’s important to keep in mind that each activity has a location and an appropriate time. If there are multiple people involved, you should conduct your due diligence. You must conduct a title search regardless of whether you are working with a realty agent, a title company, or an investor who is private. The only way to clear title is to have a legal claim on the property as of the day of the transaction.
As previously mentioned you could decide to purchase the home yourself and also have an open title insurance policy. Having this policy in place will make the process of selling very simple to complete. Unfortunately, not all buyers will have an easy process. Because there is so much at stake when selling an entire house, and because titles searches are required in order to be sure that you have clear title, you must follow the laws of your state regarding this activity very closely.
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If you’re buying the home for yourself and there are liens or judgments against the property you will need to conduct a title search from each county where the house is located. A search with a limited coverage will typically not reveal additional liens which will stop the buyer from buying the house. A lien register will normally list all liens on a trust deed.
Title insurance typically shields you from judgments and liens after closing. However, a search for title can also reveal other issues with ownership. A title search may reveal other ownership issues, such as an owner who previously held an interest-free loan on the property, but never made the final payment. This could indicate that a second mortgage was obtained. A title search can reveal the name of the person who held the mortgage in this scenario. If there’s no mortgage, and the closing has been performed against the liability of the purchaser, you should conduct a Limited Liability Company (LLC) or a Unlisted Mortgage to protect yourself against claims of wrong doing by another third party.
Sometimes a Limited Liability Company or an Unlisted Mortgage may be required to pay some taxes. In these cases you must notify the tax authority of the location of trust deeds or other ownership issues that you used in the purchase of the house. When you’ve completed your title search promptly you will be better prepared to provide the information to the closing agent or attorney at closing.
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