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A title search is a search of all public records that pertain to the property. In the majority of cases, an agent or lawyer will make use of a range of different legal records to verify that the property owner is indeed legally the owner of the land. A title search online will also identify any claims or liens against the property. These could include property taxes whether they are paid or not, and judgements against the property owner due to negligence.
To gain access to all of this an annual title search must be completed at least annually. Contact the clerk of the county in the county in which the property is located to conduct this. They will inform you when the title search will be due, and how much it will be. Typically, they are affordable. However, you should also consider that if there have been multiple previous owners and/or that there are several judgments against the property then these costs can add up rapidly.
There is no need to consult the county clerk in conducting the title search. You can instead call a title insurance company or private investor with the time and resources to dig into the public records and locate all of the available judgments and liens against the house. Sometimes it’s a simple matter of calling the lien holder on the phone or writing an email. Sometimes, it’ll need to be taken to court or make formal demands through the courts. Regardless, of how it comes about, the process of finding the judgments and liens could be time consuming and very frustrating.
With all of this being said, it is important to note that there’s an appropriate time and place for each of these actions. If there are multiple people involved, you should do your due diligence. Conducting a title search needs to occur even if you are working with an agent for real estate or a title firm or a private investor. Clear title can only be secured by a legal claim to the property at the time of transaction.
You might decide to purchase the house by yourself, and in that case, you will require an open-title insurance. This will make selling the house much simpler. However, not everyone will be able to complete it as easily. It is important to follow the laws of your state for this type of business, as there are so many factors which can affect the selling of a house.
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If you are buying the house for yourself , and there are judgments or liens against the property you’ll require an official title search from each county in which the house is located. A search with a limited coverage will not generally reveal any additional liens that could hinder the buyer from purchasing the house. A lien register is typically show all liens in a trust deed.
Title insurance will typically protect you from judgments and liens after the closing. But, a title search could also reveal other issues with ownership. For example when there is an owner prior to the search who had a mortgage on the house but did not make an entire payment, this could suggest that an additional mortgage was secured. A title search may identify the name of the person who held the mortgage in this instance. To protect yourself from allegations of wrongdoing made by others, you will need to form a Limited Liability Company (LLC) or a mortgage that is not listed if there’s no mortgage.
Sometimes, a Limited Liability Company or an Unlisted Mortgage will be required to pay certain taxes. In these cases, you will need inform the tax authority in your area of trust deeds or other ownership issues that you used to acquire the house. You’ll be better prepared to provide this details to the closing agent and/or to your attorney at closing if you’ve completed your title search swiftly.
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