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Check for defects in property title through Title Search

Posted on: 05th Apr, 2004 02:04 am
A title search involves the review of the public records and legal documents related to a property. It helps to determine whether the property is free from title defects like unpaid taxes, pending mortgage payments, judgments against the seller and other liens.

Generally, the title company conducts title search on the property. Title searches are required whenever you purchase or sell a property, take a mortgage loan against the property, refinance the loan or apply for a building permit.

A title search reveals the following facts:
  • The names of legal owners of the property and their employment status at the time of purchasing the property.

  • Whether the ownership of the property is joint tenancy

  • If the seller has not paid off the mortgage loan against the property.

  • If there is any charge against the title to the property.

  • Whether the property has any easement on it, for example the right to install pipelines or telecommunication lines.

  • If the property has any building lien on it, that is, the owner has not paid the contractor after he worked on the property.
Importance of title search:

A title search determines if the person selling a property has the right to sell it or the purchaser has the right to buy the property. This helps the buyers as they are assured that they are buying the property from the legal owner. It also makes the lenders aware of certain problems that may affect the title to the property.
we have a friend that borrowed money against her house a few years ago. now the person she borrowed the money from wants all money due now because of a balloon clause that was in the agreement. To help this friend out we said that we will pay cash for the amount owe and the women would quit claim the deed to us. But now we have discovered that an IRS lien is also on the house. Will that lien also transfer to us?
Posted on: 28th Sep, 2007 07:35 am
Hi Falen,

Without clearing off the IRS lien, your friend cannot transfer the house to you. The IRS will not allow her to do the property transaction.
Posted on: 28th Sep, 2007 10:21 pm
Hi Falen,

There is a possibility that the house along with the lien will be transferred to you. And, if the person responsible for the lien does not pay off the obligation to get clear title, then you need to pay it or else IRS might sell your home after a certain time period.

Thanks,

Jerry
Posted on: 29th Sep, 2007 05:38 am
i would like to know if ownership of unit 79 jen gardens thistle road kempton park has been transfered to the buyers ownership?the unit is previosly owned by mr tyokwana.
Posted on: 01st Sep, 2008 09:00 am
Welcome khaya,

You need to check out the public records at the office of the County Recorder.
Posted on: 02nd Sep, 2008 01:06 am
You can run a title search in less then 24-hours whether the county has a computerized access of not. Companies like protitleusa.com and titlesearch.com will give you report in less then 24 hours. All your title concerns will be answered.
Posted on: 05th Sep, 2008 04:20 am
if i foreclose on one of my investment property in lee county. can they put a lien or go after my homestead primary property in borward county? if so, would it be smart of me to go ahead and quit claim my home to my son now. I only owe 20,000 thousand left on my primary home, so should i pay that off first then quit claim to my son and let him get title to the house also? would that be the smartest thing to do?
Posted on: 01st Mar, 2009 03:03 pm
Lenders may place lien on homestead property but they will not be able to force you to sell the property in order to satisfy the lien. Whenever you sell off the property, you will have to first clear off the lien. You may be able to quitclaim the property to your son provided if no judgments have passed against you. It would be better to consult an attorney in this regard.
Posted on: 02nd Mar, 2009 01:08 am
i need to know if property if clear from any liens or judgments and there is a clear title on the property
Posted on: 12th Apr, 2009 10:16 pm
is there any free title searches i can do?
Posted on: 12th Apr, 2009 10:18 pm
Hi marilyn

You can either contact the county recorder's office or hire a title search company in order to know whether the title of the property is free and clear or not. I don't think you you'll be able to do a title search free off cost.

Thanks.
Posted on: 13th Apr, 2009 03:52 am
An attorney friend is going to call the County Assessor's Office to check on title to a property, the date of the sale and the sale price. Won't this be without cost to me? My sister and I are heirs to this property but the sale took place 30 years ago and we were not located at that time.
Posted on: 25th Apr, 2009 05:17 pm
Hi

It's good to check the title of the property the sale of which took place 30 years ago. Well, it will involve certain costs, but I think this will give you complete peace of mind once you get to know whether there is any claim against the property or if the title is free and clear.
Posted on: 28th Apr, 2009 07:17 am
would you be notified if someone was placing a lien on your home, or can the do it without notifing you first
Posted on: 06th Jun, 2009 04:54 pm
You may not know it. However, you can check the records at town hall to see if there are any liens against your property.
Posted on: 06th Jun, 2009 06:56 pm
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