Simply put, a title search is an examination of the records concerning a property to ascertain the current ownership of the property and whether there are outstanding liens, judgments, foreclosure or bankruptcy proceedings and/or other encumbrances on the property that could impede the sale of marketable title to a purchaser. In a real estate transaction, a title search will be ordered on behalf of the buyer of a property.
The title search consists of searches for information, such as:
- Current and past ownership of the property
- Any outstanding mortgages that must be paid off prior to closing
- Any outstanding taxes, fees, assessments, etc. due
- Foreclosure or bankruptcy proceedings that may impact the owner and/or property
- Unpaid child support obligations
- Any other judgments or liens that remain unsatisfied
- Easements, rights of way, or other restrictions placed upon the property
Once the title search is returned, the buyer’s attorney and/or title company will forward the conditions revealed by the title search that must be satisfied by the seller prior to the closing. If these conditions are satisfied, title insurance can be issued, and title can be transferred from one party to the next.
Shortly before the closing, the title company will perform a final “rundown” of title, which is an updated, contemporaneous search of the foregoing items to ensure that nothing new has arisen while the parties have been under contract and/or since the initial title commitment was issued.
As an attorney, it is crucial to find a reputable, competent title company to engage in the title work necessary to bring a transaction to the closing table. As we have mentioned before, the team of professionals required for a closing transaction is extensive, and the best teams are the ones built with professionals that are competent, capable, and collaborative. For title searches, buyer’s attorneys will typically rely on the title work performed by the title company aligned with the industry standards to review the public records available on the property and with a high level of accuracy and sufficiency so as to satisfy the buyer’s due diligence in examining the title before closing.
Check out Laura’s blog post from July 22, 2021 for more information on how and when title insurance applies and how it ties into the title search of a property!
Disclaimer: The information contained in this post is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and communications. Contacting us, however, does not create an attorney-client relationship.
