What
is a title?
When you purchase a home, you are really
purchasing the title to the property—which
is the right to occupy and use the space. That title may
be contested based upon past rights and claims asserted
by others. These types of claims can infringe upon your
purchase of the property or cause you to lose money.
What
is a title search?
A title search is a
detailed examination of the historical records concerning
a property. These records include deeds, court records,
property and name indexes, and many other documents. The
purpose of the search is to verify the seller's right to
transfer ownership, and to discover any claims, defects
and other rights or burdens on the property.
What
kinds of problems can a title search reveal?
A title search can
show a number of title defects and liens, as well as other
encumbrances and restrictions. Among these are unpaid taxes,
unsatisfied mortgages, judgments against the seller and
restrictions limiting the use of the land
Are
there any problems that a title search cannot reveal?
Yes. There are some “hidden hazards” that
even the most diligent title search may never reveal. For
instance, the previous owner could have incorrectly stated
his or her marital status, resulting in a possible claim
by a legal spouse. Other “hidden hazards” include
fraud and forgery, defective deeds, mental incompetence,
confusion due to similar or identical names and clerical
errors in the records. These defects can arise after you've
purchased your home and can jeopardize your right to ownership. “Title
insurance” protects your right to ownership.
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