How Do I Get A Title Search
How Do I Get A Title Search: Your Easy Guide to Checking Property History
So, you've found the perfect home! Congratulations! But before you shake hands and sign on the dotted line, there is one non-negotiable step: the title search. If you've been asking yourself, "How Do I Get A Title Search?" you've come to the right place. This process is crucial because it ensures that the person selling the property actually has the legal right to do so, and that you won't inherit any nasty financial surprises.
Getting a title search might sound like a complicated legal headache, but don't worry. This guide breaks down exactly what a title search involves, why it matters, and the straightforward steps you need to take to protect your investment. Let's get started!
Why You Need a Title Search Before Buying
Simply put, a title is the legal document that confirms ownership of a property. A title search is essentially a deep dive into the public records to examine the property's history. It tracks who has owned the property, and more importantly, identifies any claims, restrictions, or outstanding debts attached to it.
Many homebuyers mistakenly believe that if someone is selling a house, they must have a clear title. Unfortunately, this is often not the case due to errors in previous sales or unexpected financial baggage left behind by prior owners.
Uncovering Hidden Liens and Encumbrances
The primary goal of a title search is to find "encumbrances." These are legal claims against the property that could prevent you from having full, marketable ownership. Think of them as nasty little debts tied to the house, not the former owner.
Common encumbrances a title search reveals include:
- Mortgage Liens: Outstanding mortgages the current owner hasn't paid off.
- Tax Liens: Unpaid property taxes or special assessment taxes.
- Mechanic's Liens: Debts owed to contractors or laborers who worked on the property.
- Easements: Rights granted to other parties (like utility companies) to use part of your property.
If these issues are not resolved before closing, you—the new owner—could potentially be responsible for paying them off. This is why learning How Do I Get A Title Search completed early is so vital.
Verifying Legal Ownership
Sometimes, the ownership chain itself is murky. For instance, if the property was transferred through probate or inheritance, the existing deed might not be legally sound. A thorough title search ensures that the seller holds "clear title," meaning they have the undisputed right to transfer that property to you.
Without verifying legal ownership, you might find yourself in a scenario where a long-lost heir suddenly appears claiming they own a share of your new living room.
Step-by-Step: How Do I Get A Title Search Done?
When asking, "How Do I Get A Title Search?" you essentially have two main options: the professional route and the DIY route. The vast majority of buyers, especially those using a mortgage, choose the professional route.
Option 1: Hiring a Title Company or Attorney (The Professional Route)
If you are obtaining a mortgage, your lender will almost certainly require a professional title search and subsequent title insurance. Even if you are paying cash, this is usually the safest and most efficient path.
- Select a Title Company or Closing Attorney: This professional is responsible for digging through the records. In some states, closing is done by title companies; in others, it must be done by an attorney. Your real estate agent or lender can provide trusted referrals.
- Order the Search: The title company officially initiates the search, which typically involves looking back 50 to 70 years of public records. They check deeds, mortgages, wills, divorce decrees, and tax records.
- Receive the Title Commitment: After the search is complete (usually 1-2 weeks), the company issues a preliminary title report or "commitment." This document outlines the property description, ownership status, and lists any defects or exceptions found.
- Review and Clear Issues: You, your attorney, and the title company review the commitment. If any liens are found, the seller is typically required to resolve them before the transaction can close.
Choosing a professional guarantees accuracy and simplifies the process of obtaining title insurance, which provides financial protection if an unknown title defect surfaces later.
Option 2: Doing a DIY Title Search (The Public Records Route)
While significantly riskier and rarely accepted by lenders, you can conduct a basic title search yourself. This is generally only recommended for extremely experienced investors or those looking to trace family history, not for standard home purchases.
Finding the Right Records Office
Property records are typically kept at the local level. You will need to contact the County Recorder's Office, Register of Deeds, or the County Clerk's Office where the property is located. Many counties now offer online access to digitized records, making the initial stages of searching much easier.
Essential Documents You Need
To begin your DIY search, you must have the following fundamental information:
- The full legal description of the property (not just the street address).
- The Parcel Identification Number (PIN) or Assessor's ID.
- The name of the current owner.
Once you have this, you can start tracing the chain of title backward, looking for any recorded documents (like previous deeds, liens, or court judgments) that cloud the title.
What Happens After the Title Search?
The title search process is incomplete without title insurance. Title insurance protects both you (Owner's Policy) and your lender (Lender's Policy) from any unforeseen defects in the title that were not found during the search, such as forgery, mistakes in public records, or undisclosed heirs.
If the title search reveals a problem, the closing process pauses. The title company will then work with the seller to "cure" the defect—meaning they must pay off the lien, clear the judgment, or correct the faulty document. Only once the title is confirmed to be "clear" or "marketable" can you proceed to closing with confidence.
Conclusion: Get Your Title Search Done Right
For most people, the question of "How Do I Get A Title Search?" is answered by engaging a professional title company or closing attorney. This ensures that expert eyes meticulously review the property history, uncover potential liabilities, and facilitate the resolution of any claims.
While the cost of a title search and insurance is an added expense during closing, think of it as the ultimate insurance policy against losing your home or facing insurmountable debts due to a previous owner's errors. Never skip this essential step; it is your best defense against future property disputes and financial losses.
Frequently Asked Questions (FAQ) About Title Searches
- How long does a title search usually take?
- Typically, a professional title search takes between one to two weeks, though this can be expedited if necessary. Complex historical properties or rural areas may take longer due to hard-to-find records.
- Who pays for the title search and insurance?
- The party responsible for paying the costs varies significantly by location and negotiation. In some areas, the seller pays for the Owner's Title Policy, while in others, the buyer covers both the search fee and the policies. Always clarify this point in your initial purchase agreement.
- What if the title search finds a problem?
- If a "cloud" on the title is found (like a lien or unpaid taxes), the seller is generally legally obligated to resolve the issue before closing. The title company will hold the funds in escrow until the defect is cured and the title is cleared.
- Is a title search the same as an appraisal or home inspection?
- No, they are completely different. A home inspection assesses the physical condition of the property (structural integrity, roof, etc.). An appraisal determines the property's market value. A title search investigates the property's legal and financial history.
- Can I close without title insurance if I pay cash?
- While legally you might be able to, it is strongly advised against. If you pay cash and skip title insurance, you accept full personal liability for any undiscovered defects that may arise after closing.
How Do I Get A Title Search
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