A first-time homebuyer in California asks her agent what a title search is designed to accomplish. The agent explains that the title search is conducted to:
Correct Answer
A) Examine public records to verify ownership and discover any liens, encumbrances, or defects affecting the title
A title search in California involves examining public records at the county recorder's office to verify the current ownership of the property and to discover any liens, encumbrances, easements, judgments, or other defects that could affect the buyer's interest. This search forms the basis for issuing title insurance.
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Recording is the act of placing a document in the public records at the county recorder's office to give constructive notice to the world of an interest in real property. Recording protects the holder's interest against subsequent claims.
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.
Title insurance is a policy that protects the insured party against financial loss from defects in title that were not discovered during the title search. Unlike other insurance, it covers past events rather than future risks.
More Transfer Of Property Questions
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In probate of an estate, which of the following is the last to receive payment, if any?
Assume the contract for the sale of real property includes the sale of certain removable items, such as paintings and furniture. Upon delivery of the deed, the seller also should deliver
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When the administrator of an estate sells a parcel:
- → Kevin buys a home in Oakland and takes a CLTA standard coverage owner's policy at closing. Eight months later a contractor who had finished work for the prior owner before the sale records a mechanic's lien against the property. Nothing about that work or the contractor's claim appeared in the public record on the date Kevin's policy was issued. How is Kevin's claim under his policy most likely to be treated?
- → Owner A received a deed to a California property in January 2024 and recorded it that same month. In March 2024 the same grantor deeded the property to Owner B, who paid fair market value, searched no records, and recorded immediately. Under California's race-notice recording statute, which owner prevails?
- → Under California law, what is the consequence when a property buyer fails to file the Preliminary Change of Ownership Report (PCOR) at the time the deed is recorded?
- → Under California law, which of the following must the seller of a single-family residence certify to the buyer in writing when the property is transferred?
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- → A California buyer's agent explains the concept of 'split escrow' to her client. In California, what does the term 'split escrow' refer to?
- → All of the following are sufficient to transfer an interest in real estate, except:
- → Alycia deeds property to Bernice for life, and then to Cynthia if Cynthia is living when Bernice dies. While Bernice is alive, what does Cynthia hold?
- → A foreign investor (non-U.S. person) sells a California rental property for $800,000. The property carries a mortgage balance of $700,000. The escrow officer calculates that the combined federal FIRPTA withholding (15%) and California state withholding (3 1/3%) totals about $146,667, which exceeds the seller's net equity of $100,000 after paying off the mortgage. What is the most appropriate course of action?
- → In a deed, the clause that defines the nature of the estate being granted is the:
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Previous Question
In California, which deed does an estate planning attorney MOST commonly use to transfer a client's home from the client individually into that same client's revocable living trust?
Next Question
A buyer purchases a home in Orange County, California, and receives a CLTA standard title insurance policy. Three years later, the buyer discovers that a deed in the chain of title was forged 20 years ago, potentially voiding the buyer's ownership. The buyer files a claim with the title insurance company. How will the title insurance company MOST likely respond?
