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A title search digests the available public records relating to the real estate property being searched. An attorney or agent will use a variety of legal documents to confirm that the property owner is the legal owner of the land in the majority of cases. A title search online will also uncover any claims or liens against the property. These can range from tax liens (paid or not paid) to judgments filed against the owner for various negligent actions.
To gain access to the information you require, you must conduct a title search at least once per year. This can be accomplished by getting in touch with the county clerk for the county in which the property is located. They will provide you with information about when the title search is due and what the price will be. Typically, they are affordable. However, you need to think about the possibility that there have been multiple previous owners and/or that there are multiple judgments against the property the costs could add up rapidly.
It is not necessary to engage the county clerk when conducting the title search. You can instead approach a title insurance firm or private investor with the time and resources to delve into the public records and identify all available judgments and liens against the house. Sometimes, it’s as simple as contacting the lien holder or sending them a note. Sometimes it will take the court process or making formal demands to the courts. No matter how it is done the process of locating the liens and judgments can be time consuming and very frustrating.
With all of this being stated, it is vital to remember that there is a specific time and date for each of these activities. In the event that there are multiple people involved, you should do your due diligence. Conducting a title search has to be done regardless of whether you’re working with an agent in real estate or a title company, or an investor who is private. A clear title is only obtained through a legal claim to the property on the day of the transaction.
You could choose to purchase the property yourself, and you’ll require an open-title insurance policy. A policy like this will make the selling process extremely easy to complete. However many people will not be able to complete it as easily. Because there is a lot involved in the sale of a home and because title searches must be conducted in order to be sure that you have a clear title, you have to adhere to the rules of your state for the process with great care.
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If you buy the house on your own and there are judgments and liens registering against the property first obtain an official title search from the county where the house is located. A limited coverage search will not typically uncover additional liens that could prevent buyers from purchasing the house. A lien register will typically include all liens on a trust deed.
Title insurance will typically protect you from liens and judgments following the closing. A title search may reveal other ownership issues. A title search may reveal other ownership issues like 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. In this scenario, a title search could identify the name of the person who held the mortgage. If there’s no mortgage and the closing was performed against the liability of the buyer, it is necessary to create the operation of a Limited Liability Company (LLC) or a Unlisted Mortgage to protect yourself against claims of wrong doing by the other third party.
Sometimes an Limited Liability Company (or Unlisted Mortgage) is required to pay tax. In this case you’ll need to inform the local tax authority that a deed of trust or other ownership documents were used to acquire the house. You’ll be better than ready to disclose this information to your closing agent, or to your attorney at closing if you have completed your title search swiftly.
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