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A title search is a search of all public records that pertain to the property. An agent or lawyer will make use of a variety of legal documents to confirm that the owner is legally the owner of the land in most instances. A title search online will also reveal any liens or claims against the property. These could include property taxes whether they are paid or not, as well as judgements against the property owner for negligent acts.
To have access to this information, you must conduct an initial title search at least once per year. This can be done by calling the county clerk of the county in which the property is. They will give you information about the due date for the title search and also what the price will be. Typically, they are affordable. However, you must be aware that if there have been several previous owners or that there are a number of judgments against the property then these costs can increase quickly.
You don’t need to consult the county clerk when conducting an investigation into the title. You can instead make contact with a title agency or private investor who is able to access the public records and track down all liens and judgments against the house. Sometimes, it’s a matter of calling the lien holder by phone or writing the lien holder a letter. Sometimes it will take going to court or making formal requests through the courts. No matter how it’s done the process of finding judgments and liens can be a hassle and time-consuming process.
All of this being said it is important to keep in mind that each activity has a purpose and a time. If there are multiple participants involved in the title search, it is essential to do your research. You must conduct an inquiry into title regardless of whether you’re working with a real estate agent, a title company, or a private investor. The only way to get title is to have a legal claim on the property as of the date of the transaction.
You could decide to purchase the house yourself, and you’ll need an open-title insurance policy. This policy can make the sale process extremely simple to complete. Unfortunately, not everyone will have this easy process. There is so much at stake when selling a home and because titles searches are required in order to be sure that you have a clear title, you must adhere to the laws of your state regarding the process with great care.
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If you’re purchasing the house for yourself and there are judgments or liens against the property you will need to conduct an official title search from each county where the property is located. A search with a limited coverage is not likely to uncover additional liens which will stop buyers from purchasing the house. A lien register is typically show all liens in the trust deed.
Title insurance is typically used to protect you from liens and judgments following the closing. However, a title check could also reveal other ownership issues. A title search can reveal other ownership issues for instance, an owner who previously held an interest-free loan on the property but did not make final payments. This could indicate that an additional mortgage was secured. A title search can identify the name of the person who held the mortgage in this case. If there’s no mortgage, and the closing was done in the name of the purchaser, it is necessary to establish a Limited Liability Company (LLC) or an Unlisted Mortgage to protect yourself against any potential accusations of wrongdoing from another party.
Sometimes, a Limited Liability Company (or Unlisted Mortgage) will have to pay tax. In this instance you’ll need to inform the local tax authority that a deed of trust, or other ownership issues were used to obtain the house. You’ll be more ready to disclose the information to your closing agent, and/or to your attorney prior to closing if you’ve completed your title search swiftly.
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