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Title Search F.A.Q.

What is a property title?
A property title is a set of legal documents for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest.

What is a title search?
A title search is the process of reviewing court records and other records to ensure that there are no liens or claims against the property you are buying.

What does a title search include?
You will receive a property title search abstract, which is the official document of a title search. This document shows the liens and mortgages found to be recorded according to the title search. When searching for property information it is important to be sure that you receive a title search abstract, not just a property deed. The deed by itself will not contain liens or mortgages. A title representative will review your title document with you personally, in the event that you have any questions.

What kinds of problems can a title search reveal?
A title search can show a number of title defects and liens, as well as other encumbrances and restrictions. Among these are unpaid taxes, un-discharged mortgages, judgments against the seller and restrictions limiting the use of the land.

Are there any problems that a title search cannot reveal?
Yes. There are some hazards that can remain hidden even to the most diligent title searcher. For instance, the previous owner could have incorrectly stated his marital status, resulting in a possible claim by his legal spouse. Other “hidden hazards” include fraud and forgery, defective deeds, mental incompetence, confusion due to similar or identical names and clerical errors in the records. These defects can arise after you've purchased your home and can jeopardize your right to ownership.

Why make a title search?
The finalizing title search report (Abstract of Title) will disclose such points as ownership in succession, conveyances, details of mortgages, surveys of the boundaries of the property and legal description, any code violations and compliances, thus preventing you from buying a shady property.

Can I do a title search myself?
Yes, you can. You can visit the records office, and retrieve the data and documents needed to create a title search. In most cases, the only cost is that of copying fees. Most municipal offices charge about a dollar a page for copies. Keep in mind that pulling all the right documents can be time-consuming and tricky. Often, documents and liens can be cross-referenced in different ways. Sometimes owners name is used, sometimes address is used, and other times PN# is used. Using a professional title search firm makes sure that someone with experience in collecting all relevant documents is performing the search.

What is the difference between a property report and a title search?
You may see that property reports are available online, sometimes for as little as $10. This report is usually a copy of the tax records, showing the name of the assessed owner, and possibly with some neighborhood information. This is NOT the same as a title search, as it does not search for liens, or ownership transfers.

Do you search for liens?
Yes, this is the most important part of a title search. We run a lien search for the property, and list all liens recorded against the current owner of the property. This includes both mortgage liens, and all non-voluntary liens such as tax liens, contractor liens, etc.

How long will it take to get my title search results back?
Full, in-person searches take between 1-3 business days. Many of our searchers around the country are set up on a PDA/pager system, so that we can send your order to them instantly as it comes into our website. This way, the abstractor can begin pulling the records in real time, without having to leave the courthouse, or records database.

 

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