title search

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Title Search

In real estate, research done to trace a title back to its original owner or back to some date dictated by statute. A title search is done before the sale of property to ensure that there are no competing claims for the same property. A title search protects the mortgage lender from the possibility that that a competing claim will be honored in court, resulting in a loss. See also: Clean Deed, Quitclaim Deed, Title Insurance.

Title search.

A title search is an examination of property records by a title company or attorney to ensure that the person from whom you are buying a piece of property is its legal owner, and that there are no outstanding legal claims against the property.

Your lender will require you to pay for a title search before the closing, or settlement, on your new home.

The title search consists of a close examination of public records, such as deeds, wills, court judgments, and trusts, to make sure that the seller has the right to sell the property to you and that all prior mortgages, liens, and judgments have been settled.

Sometimes the title search uncovers pending legal actions, undisclosed easements, or even claims on the property by heirs to prior owners. Since title examiners might miss problems and public records can contain errors, most lenders will require you to purchase title insurance at closing to protect their interest in the property.

title search

A review of all recorded documents that affect title to a particular piece of real property. Ideally, a title search should proceed all the way backward to the original patent (deed) out of the government into the first private owner, or to the root deed, which is the first deed before a statutorily enacted cutoff date for claims.

References in periodicals archive ?
OS National coordinated all title work on the transaction, including the coordination of title searches, title curative, coordination of conveyance deeds and mortgages, escrow, recordation of deeds, and issuance of title insurance policies.
The bill clarifies definitions within the title insurance law and provides that "primary title services" do not include closing services or title searches, for which a separate charge may be made and repeals the authority for the Financial Services Commission to establish limitations on related title services charges by rule.
TitleVest will offer title searches, judgment and lien searches, open mortgage searches, bankruptcy and foreclosure searches, and will prepare real estate transfer documents--all on a pro bono basis.
Through Data Trace, Hawaii title companies can now perform fully automated title searches. Hawaii's land recording process spans two recording systems: a conventional, statewide registration process; and the land court, which is under the jurisdiction of the Hawaii state judiciary.
Such issues include title searches, financing, insurance, taxes and a complete assembly of all closing documents.
Title searches are a requirement of origination and not an exercise that one would go through for any reason other than as a step in the process to refinance or obtain a purchase mortgage on a residence.
They provide appraisals, collateral assessments, credit reports, title searches, flood determinations, loan processing and property inspections.