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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.
My father past away not to long ago and I'm the heir to his assets which is two house and a car one of the houses has a mortage and the other one don't the one with the mortgage I don't want but I want the other one but Im not sure it that one has a Lein on it but I think it don't and I'd I don't has a lein on It can I still keep it I'm scared the bank will try to take both cause the other one has a mortage
Posted on: 15th Jan, 2010 11:12 am
I would suggest you to contact a lawyer and discuss the matter. If your name is not on the mortgage, then you won't be liable for the dues. However, as you are the heir to the property, you'll inherit both of them.
Posted on: 16th Jan, 2010 12:52 am
We bought a house 23 years ago, at closing there was a quitclaim made on two properties. We upon trying to sell our house and two other properties, learned that there is no record of ownship on those properties, via title search. The previous owner had paid the property taxes on those two properties then we took over. We had thought that on our deed those properties were included. Unfortunately we were mistaken. If taxes had be paid for the past 30 years, shouldn't there be a record on file with the city
Posted on: 21st Jan, 2010 04:22 pm
we bought a home in Beerfield Beach after three years I am finding out that there is a lien on the property by whom I do not know as yet. Could someone put a lien without notifying me?
Posted on: 28th Jan, 2010 07:20 pm
my son and my daughter appear as a grantors on a deed, now my son wants to get off the deed and put my name instead of him, do both of them have to sing the new quit claim deed ? my daughter is in spain! can my son sign alone infront of the notary public? thanks sonia rodas.
Posted on: 03rd Feb, 2010 04:16 pm
Hi lana,

Didn't you record the quit claim deeds at the county recorder's office after the properties were transferred to you? As you had paid the taxes regularly, there must be some records available with the city. I would suggest you to contact an attorney and check out what steps you need to take in this regard.

Hi Patricia,

You can go for a title check and get to know as to who has placed a lien on your property. No one can place a lien on your property without informing you. The person filing a lien will have to file a lawsuit regarding that. If the judgment goes in his/her favor, then only he/she would be able to place a lien on the property.

To Sonia,

If your son wants to transfer his share of the property to you, then he can sign a quit claim deed. He can mention his name and his sister's name as the grantor of the property and your name and your daughter's name as the grantee to the property. Thus, you would become the owner of the property. However, make sure that you record the deed at the county recorder's office.

Thanks
Posted on: 03rd Feb, 2010 09:00 pm
my son wants to buy a house with a quick claim and there is a lien on this house will he have to pay it or does the owner have to pay it off first
Posted on: 24th Feb, 2010 01:48 pm
Welcome jena,

Before purchasing the property, your son should ask the present owner of the property to pay off the lien. If he does not pay off the lien, your son can be held responsible for it after he becomes the owner.
Posted on: 24th Feb, 2010 11:54 pm
What are the possible down falls to receiving a property from a quick claim?
Posted on: 31st Mar, 2010 11:51 pm
a quit claim deed can be provided to you by anyone. here's a far-out example: i actually live in connecticut and own no property in any other state. that, however, would not stop me from providing you with a quit claim deed and transferring my interest in property located in ohio, for example, to you.

"my interest" is all you'll get. if that equals 0%, then that's what you've just received. if i actually own something 100%, then that's what you'll receive.

that is the biggest risk you take - unless you know who the actual owner of a property is, you could be receiving nothing at all except a piece of paper describing a property that you'll never really own.

is that enough risk for you?

everyone who thinks a quit claim deed will be easier than a warranty deed needs to be aware of the pitfalls.
Posted on: 01st Apr, 2010 09:12 am
There are companies out here saying you can take over the title on a propertry move into it with less than on comparable rent, then the property becomes yours with a title deed document, is that true and how does that work, I would hate to move in a property and then have someone come back and get it? Is this an inexpensive route to go, with all of the foreclose properties.
Posted on: 28th Nov, 2010 12:03 am
welcome ms. a,

if you have the deed to the property, then you will be considered as an owner of the property. in that case, no one else will be able to ask you to move out of the property. as far as the mortgage is concerned, you should refinance it in your name. thus, you will be the owner of the property as well as the mortgage.
Posted on: 28th Nov, 2010 10:53 pm
Ms. A, what are you referring to when you say "a title deed document"??? Do you know what it is? I'm sure that whoever is trying to tell you this pap is a scam artist, and I'm sure they're asking you for money that you ought not to shell out here. Your concerns about someone coming back to claim their property are well-founded. You should not try to "take advantage" of this scam.
Posted on: 28th Dec, 2010 07:55 am
has anyone done business with protitleusa? I ordered a title search more than two weeks ago. now they aren't even responding to my emails. Is this a scam?!
Posted on: 02nd Mar, 2012 03:38 pm
Hi martha,

Well, I haven't heard much about ProtitleUSA. But you can try contacting them at 888.878.8081. This is the phone number mentioned on their website. This might help you in getting in touch with them.

Thanks
Posted on: 02nd Mar, 2012 11:18 pm
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