A title search traces the chain of ownership through public records at the county recorder's office. The examiner reviews deeds, mortgages, court records, tax records, and other documents to identify any issues that could affect the buyer's ownership. Title searches typically cover a period of 40 to 60 years. The results are summarized in a title abstract or title report.
Before closing on a home purchase, the buyer's attorney orders a title search. The search reveals that a contractor filed a mechanic's lien against the property for unpaid work. The seller must resolve this lien before the closing can proceed and clean title can be conveyed.
Exam questions often ask about the PURPOSE of a title search — it determines the condition of title, not the value of the property (that is an appraisal). Remember that a title search examines PUBLIC records only; it cannot reveal unrecorded interests, forgeries, or undisclosed heirs — which is why title insurance is also needed.
Related Terms
Related Concepts
A deed is a written legal document that conveys (transfers) ownership of real property from one party to another. It must be delivered to and accepted by the grantee to be effective.
A general warranty deed provides the greatest protection to the grantee by guaranteeing that the grantor holds clear title and has the right to sell the property. It includes covenants that protect against all defects in title, even those arising before the grantor owned the property.
A special warranty deed guarantees that the grantor has not caused any title defects during their period of ownership, but does not warrant against defects that existed before the grantor acquired the property.
A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.
A bargain and sale deed implies that the grantor holds title and possession of the property but does not include warranties against encumbrances or title defects.
Frequently Asked Questions
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