If you're still thinking about whether title insurance is just a "luxury" and not a necessity, then an article from The Washington Post might help.
It says that the chances of having an issue with a title are relatively high since most real estate transactions need "extraordinary work." While problems, such as outstanding liens, taxes, etc., might occur, title insurance offers a safety net to cover unexpected expenses.
Doing a title search investigates for title defects that may prohibit the seller's legal transfer to the buyer. Doing this helps ensure that the title is "clean" and that the buyer has the peace of mind they need as they purchase a new property.
Below are the title issues that may arise before or after buying a home.
One of the most frequent issues with title searches is taxes. If there are any outstanding taxes associated with the property, a preliminary report shows them. Before other financial commitments, such as mortgage liens, taxes should be settled first. Taxes must be paid off before any other debts can be settled with the money from the sale of these assets.
A title search finds out whether there are any mortgage liens on the property you want to purchase. Ignoring this cost could put you in debt because you could have to pay it back after the transaction.
Zoning conflicts, historic monitoring, and other restrictions might also impede or postpone the selling of a property. Thankfully, previous homeowners or their neighbors' boundary and survey limits can be found through title searches. No matter how tiny, try to find out whether there is a border issue on the land you plan to purchase. If not, unresolved boundary conflicts could surface and cause you trouble.
Any municipal zoning that limits the use of land in a particular district is also revealed by a title search. These limitations, which may include gardening and renovation regulations, specify the kind of property you are allowed to build in that zone. Condos and properties owned by associations are subject to specific covenants and regulations. It is imperative to conduct a title search for them before making a purchase.
The right to use a portion of land without having ownership rights is known as an easement. It could be used, for instance, to allow access to a public beach or a property situated back from a main road. Typically, federal, state, or local entities are involved.
The fact that easements are legally transferred with property ownership is the source of their problem. Only the parties concerned may choose to have them removed because they are legally binding agreements.
Imagine purchasing a piece of land, and two months later, someone else appears claiming to be the heir. Purchasing a property from one or more of the heirs of a deceased owner frequently results in this situation. Make sure everyone is aware of the transaction and has given their consent; otherwise, heirs may appear and cause you a lot of bothersome issues that could prevent you from enjoying a quiet and comfortable life in your new house.
All of these options are revealed by a title search, which also lets you know if the seller's will contains any restrictions on their ability to sell the property. The search makes sure the original owner didn't leave it to someone else who might show up and sabotage the deal.
This nation still has instances of illegal title issuance. The property you want to buy might have been owned by someone who entered the country illegally. You may have some problems as a result, but a professional title search firm can assist you in identifying this potential problem.
Public documents should be accurate, yet mistakes are made by people. Errors happen when land officials file millions of deeds, paperwork, and surveys every year. These documents may include misspelled words, names, phone numbers, or addresses. All of these issues can be found with a precise title check before a house transaction is completed.
An extensive divorce can have a significant impact on a family's financial security. Your house purchase may be delayed or derailed by divorce decrees. This can happen if the seller, who is divorcing, loses all or part of the property you are interested in purchasing in a settlement.
You have to include the other party in the selling process as a result of this loss. The selling procedure could come to a complete standstill if the other divorcing party is not involved or if they decline to consent to the transaction. You can save needless problems and discover all these details by conducting a title search.
There are a lot of impersonators in home selling, and a properly executed title search can identify whether the sale of the house is a fraud. Impersonators can cause problems in many ways, such as stealing legitimate ownership names and other identity documents to employ in unlawful real estate transactions. When the true owner shows up, you don't want to waste your money on an invalid transaction. So, take your time and use a title search to confirm the information.
Buying a home may not be as smooth and seamless as it should be; however, as long as you have the right support you need, it can be an exciting and fulfilling moment.
IndyLegal is Indiana's leading title company that offers support in handling title searches, escrow services, insurance, settlement services, and more.
We help reveal and fix red flags to avoid further problems. Call us at 317-214-6023 to learn more about our offers.
Caroline Soriano