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A title search will reveal the public records related to the property. In most cases, an agent or lawyer will make use of different legal records to confirm that the owner is indeed legally the owner of the property. The title search on the internet will also reveal any liens or claims against the property. These could include property tax, paid or unpaid, as well as judgments against the owner for negligence.
To have full access to this information, you need to conduct an initial title search at least once per year. This can be done by contacting the county clerk of the county where the property is located. They will give you information about when the title search is due and what the cost will be. Usually, they are quite affordable. However, you must take into consideration that if there has been multiple previous owners or that there are multiple judgments against the property the costs could add up rapidly.
There’s a different method to conduct an investigation into the title of a property that does not require the county clerk. You can instead call an insurance company that deals in title searches or a private investor with the time and resources to look into the public record and find all available liens and judgments against the property. Sometimes, it’s just a matter of calling the lien holder or sending them an email. Sometimes, it’s going to court or making formal requests to the courts. However, regardless of how it is done, the process of finding the judgments and liens could be time consuming and very difficult.
All of this being said, it’s important to keep in mind that each activity has a place and an appropriate time. If there are multiple people that are involved in the title search you have to conduct your research. Conducting a search for title needs to occur even if you’re working with an agent for real estate as well as a title company or an investor from the private sector. Clear title can only be achieved by a legal claim against the property at the time of transaction.
As mentioned previously, you may decide to buy the house yourself and have an open-title insurance policy. This will help make the selling process easier. Unfortunately, not everyone will find it so easy. Be sure to adhere to the rules of your state in relation to the sale of your house, as there are numerous factors that can impact the sale of a home.
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If you’re purchasing the property for yourself and there are liens or judgments against the property you’ll need to conduct a title search from each county in which the house is located. A limited coverage search will not often reveal additional liens that could hinder the buyer from purchasing the house. A lien register will usually contain all liens that are on a trust deed.
Title insurance usually protects you from judgments and liens following closing. But, a title search could also uncover other issues with ownership. A title search can uncover other issues with ownership, such as a previous owner who held a mortgage on the property, but never made final payments. This could mean that a second mortgage was obtained. In this scenario, a title search could reveal the name of the mortgage holder. To safeguard yourself from accusations of wrongdoing brought by others, you will have to establish a Limited Liability Company (LLC) or a mortgage that is not listed if there is no mortgage.
Sometimes the Limited Liability Company (or Unlisted Mortgage) is required to pay taxes. In these instances you must notify the tax authority of the location of trust deeds or other ownership issues used in the purchase of the house. After you have completed your title search in a timely manner you will be prepared to provide the information to your closing agent and/or attorney at closing.
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