What is a Title and Title search?

by Chi Matsumoto

A title refers to the legal ownership of a property. It is a document that proves the rights of the owner and outlines any claims or liens against the property. When you purchase a property, you essentially acquire the title to that property, which grants you certain rights and responsibilities as the owner.

A title search is a comprehensive examination of public records to confirm the rightful ownership of the property and to identify any potential issues or encumbrances that may affect the buyer's rights to the property.

During a title search, a professional will thoroughly review public records such as deeds, mortgages, court records, and tax records to ensure the title is clear and marketable. This means that the property is free from any liens, encumbrances, or disputes that could jeopardize the buyer's ownership rights in the future.

The title search process is crucial because it helps buyers uncover any hidden problems associated with the property. For instance, it may reveal outstanding mortgages, unpaid taxes, or unresolved legal disputes that need to be addressed before the transaction can be completed. Without conducting a title search, buyers run the risk of inheriting these issues and may face costly legal battles or financial burdens in the future.

Additionally, a title search ensures that the property seller has the legal right to sell the property. It helps prevent fraudulent transactions where a person claims to own a property that they do not have the right to sell. By verifying the ownership and authenticity of the title, buyers can protect themselves from falling victim to scams or purchasing disputed properties.

In some cases, title insurance is also recommended to further protect buyers from any unforeseen title issues that may arise in the future. Title insurance provides coverage against any losses or damages caused by defects in the title that were not discovered during the title search. It offers buyers peace of mind, knowing that they are financially protected if any title-related problems occur after the purchase.

In conclusion, understanding what a title is and conducting a thorough title search are vital steps for buyers in the real estate process. It ensures that buyers acquire a clear and marketable title, free from any liens or disputes. By investing in a comprehensive title search and considering title insurance, buyers can confidently proceed with their property purchase, knowing that their ownership rights are secure.

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