Title Services FAQ Responses:
A title search is a thorough investigation into the legal ownership of a property. It examines public records and historical documents to identify any potential defects in the title, such as unpaid taxes, liens, or fraudulent ownership claims. This is crucial to ensure you're buying or selling a property with a clear and rightful title, safeguarding your investment and preventing future legal complications.
Preliminary title search: This provides a basic overview of the property's ownership history and identifies any major issues early in the transaction.
Full title search: This is the most comprehensive option, delving deeper into historical records and uncovering potential hidden defects.
Continuation title search: This updates a previous title search with any recent changes in ownership or encumbrances.
The timeframe depends on the complexity of the search and the availability of public records. Generally, a preliminary search takes 1-3 days, while a full search can range from 5-10 days.
The report outlines:
- Ownership history of the property
- Existing liens and encumbrances (e.g., mortgages, unpaid taxes)
Zoning restrictions - Any outstanding legal claims affecting the property
- Information about easements or restrictions on the property
- Errors in public records (e.g., typos, missing documents)
- Unpaid taxes or assessments
- Forged deeds or fraudulent claims
- Outstanding mortgages or liens
- Unresolved inheritance issues
- Boundary disputes
Title insurance protects you from financial losses due to unforeseen title defects after closing. If a valid claim arises against your ownership (e.g., hidden heir emerges), the insurance company covers legal fees and expenses incurred to defend your title or rectify the issue.
- Owner's title insurance: Protects you, the buyer, against any title defects impacting your ownership.
- Lender's title insurance: Protects the lender's financial interest in the property if a defect affects their ability to recover their loan amount.
- Peace of mind knowing you're protected from unforeseen title issues.
- Financial protection against legal fees and expenses incurred to defend your ownership.
- Smoother transaction process as lenders often require buyers to have title insurance.
The cost varies depending on factors like the property value, location, and type of policy. Typically, it ranges from 0.5% to 1% of the purchase price.
- Owner's title insurance: Protects your ownership rights to the property and covers costs to resolve any defects affecting your ownership.
- Lender's title insurance: Protects the lender's investment in the property and ensures they can reclaim their loan amount if a defect impacts their claim on the property.
Usually, you need to have a valid purchase agreement and be able to legally convey the property title. The title company may also require specific documentation like tax receipts or surveys.
The title insurance company will investigate the claim and defend your ownership rights or work towards resolving the defect. You'll be kept informed throughout the process.
The timeframe depends on the complexity of the issue and legal proceedings involved. It could take anywhere from weeks to months, potentially longer in some cases.
While the title insurance covers legal fees and expenses, some additional costs may arise depending on the specific claim and resolution process.
- Choose a reputable title company with extensive experience.
- Order a thorough title search to identify any potential issues early on.
- Work with a qualified attorney to review the title report and closing documents.
- Maintain accurate and organized property records.
- Your title company can provide informative materials and answer your questions.
- The American Land Title Association (ALTA) website offers educational resources and consumer guides.
- Your real estate agent may also have helpful information about title insurance.
- Your title company can provide informative materials and answer your questions.
- The American Land Title Association (ALTA) website offers educational resources and consumer guides.
- Your real estate agent may also have helpful information about title insurance.
Yes, we offer title curative services to help resolve existing title defects before or after closing. This can involve:
- Negotiating with creditors to remove liens or judgments
- Locating missing heirs or owners
- Correcting errors in public records
- Obtaining court orders to clear title clouds
- Avoiding delays and complications in the closing process.
- Protecting your investment in the property by ensuring a clear title.
- Potentially increasing the property's value by resolving title defects.
- Receiving professional guidance and expertise in navigating complex title issues.
The cost depends on the nature and complexity of the defect, the services required, and the time involved in resolving it. We offer transparent pricing estimates and discuss fees upfront before starting any work.
Ignoring title defects can lead to serious consequences, including:
- Financial losses from lawsuits, legal fees, and potential claims against your ownership.
- Difficulty selling the property in the future due to clouded title.
- Delays and disruptions in closing the transaction.
- Peace of mind and security concerns regarding your property ownership.