Not all title companies are equal; some may be helpful in your real estate transactions while others are not. That's why before you choose a title company to work with you, you should know what exactly you need from a title company to ensure that you end up with the right one.
This might sound like a lot of work but don't worry, we've compiled 12 questions that will help you do this. But first, let's start with the basics.
In the previous posts, we talked about what a title company is about and how it works. Basically, the goal of a title company is to investigate and ensure that the property is legally transferred from the seller to the buyer in its entirety. This means that you legally own the property.
If you want to learn more about title companies and how they work, you can check these free resources:
Now, choosing a title company to work with is easy; you can easily look for title companies online. The challenge is finding the right one, which means working with a company that will look out for your best interest.
Here is some essential information to help you decide on and choose your title company.
1. Is The Title Insurance Company I'm About To Work With A Neutral Third Party?
Any prospective title business should be asked who their client is. The Real Estate Settlement Procedures Act mandates that the corporation reveal if it is owned by lenders, real estate companies, or builders. The reply to this question should always be "you."
2. How Long Do The Title Searches Take?
Two weeks is long enough to complete a title search. The effectiveness of the business is crucial if you have a deadline to meet.
3. How Do They Handle The Title Searches?
There are easy searches and harder searches. You want to know how the business responds to challenging title searches when problems occur.
4. Will You Run A Comprehensive Title Search And Disclosed The Result?
At all times, yes should always be the response. The title company is expected to conduct a thorough inspection of the property and to present official documentation for every exception discovered during the search. Regrettably, some title companies only collect premiums while selling policies.
5. Will Our Money Be Safe?
To protect your funds, your title business needs to implement internal controls, processes, and job segregation. Verify that the company's accounting and escrow departments are staffed to capacity.
6. Will Our Investment Be Protected And Secured?
Buying a house is probably one of the largest investments you will ever make. You have every right to find out the title underwriter's financial situation.
7. How Much Experience Does Your Lawyer Have?
You should find out the attorney's experience level for each title company you are considering. He or she should be well-versed in providing settlement services for real estate. This individual will determine if you can lawfully buy the house or not.
8. Are There Any Additional Fees?
Even though you could be tempted to choose a title company with lower prices, doing so might entail sacrificing essential closing and title services. Other costs that could drive up your expenses over what you would pay with a market-rate provider are money-wiring fees, overnight courier services, electronic delivery, and release tracking fees.
9. Is It Locally Owned Or Operated?
A local title company will be familiar with both the real estate laws in your state and the real estate market you are buying in. However, a non-local company could contract out portions of the title commitment generation and closing processes to another nation.
10. What Is The Company Ratio Of Title Claims To Your Clients?
In the industry, 5% is the norm for claims. If a company's claim rate exceeds this, you should look into other options. Furthermore, a low number of claims indicates that the organization performs comprehensive title searches and can readily handle concerns that arise.
11. Do They Follow The Industry's Best Practices?
Data security, accounting procedures, and settlement services are all covered under the American Land Title Association Best Practices. These procedures aid title companies in safeguarding consumers and lenders. Your title business will adhere to these procedures if it is a member of an association for professionals, such as ALTA.
12. How Long Have The Company Been In Business, And Are They Responsive?
An established business is less likely to face financial difficulties that could lead to its closure because it will have dealt with a wider range of transactions and concerns.
13. How responsive is the company?
Find out if the title business you have selected will respond to your emails and calls, as well as any queries you may have.
Do you still have concerns about choosing a provider of title insurance? We are more than willing to help! Call us at 317-214-6023 or click this to send a message.
Navigating property title issues is a crucial challenge in the ever-changing real estate industry that can obstruct the smooth closing process.
This post will discuss common property title issues in real estate transactions and explain why title insurance is required to ensure the smooth and secured transfer of home ownership.
The following are some examples of typical issues with property titles:
Errors happen to everyone but can have disastrous consequences if they interfere with your homeownership rights. Errors in filing or clerical work could impact your property's deed or survey and make fixing them expensive.
It's possible that the previous owners of your property weren't meticulous bill payers or bookkeepers. Even after the sale, you can still have liens on your property for outstanding obligations from banks or other financing organizations. This is problematic for distressed properties.
While your property's chain of title may appear intact, an undocumented immigrant, minor, or married person may have done an earlier deed. These occurrences may alter earlier deed enforceability and ownership.
After someone passes away, their heirs or those specified in their will may inherit the house. Sometimes, those heirs are unknown or missing at death. Sometimes, family members argue the will for their property rights. These events may affect your property rights long after you bought it.
Unfortunately, the world isn't honest. Public records may contain false or fabricated documents that obscure property ownership. You can lose your right to your house if these forgeries are discovered.
When you bought your property, you might not be aware that there was a prior mortgage, lien, or other non-financial claim against all or part of it or that covenants or restrictions were limiting how you might use it.
An unknown easement may prevent you from using your new property and its surrounding land or allowing government agencies, business organizations, or others to access it. Even while easements are usually non-financial, they might impair your property enjoyment.
Before purchasing, you might have seen multiple surveys of your land, yet there might be further surveys with different borders. As a result, someone else or your neighbor might be able to claim ownership of a piece of your property.
When a property owner dies, the state can sell a home without a will. You acquire ownership rights to such a home when you buy it. Your rights to the property may be jeopardized years later if the deceased owner's will is revealed.
It is possible to fraudulently "impersonate" a property owner using common or similar names. If you buy a house from a fake owner, you can lose your legal title to it.
Why Title Insurance Is Required To Prevent Some Property Title Issues?
Your house may be new to you, but every property has a tale to tell about its past. A title search might uncover title defects associated with your property. Furthermore, your title insurance policy may offer protection against title issues identified after the transaction has been finalized, provided that the policy's provisions are met.
Take Note
These property title issues, including boundary disputes and concealed liens, highlight the need for solid security. This is why title insurance is required to emerge as an indispensable safeguard, offering comprehensive coverage against unforeseen defects or discrepancies in property titles. Purchase title insurance to protect your house investment.
Transactions involving commercial real estate are challenging. The paperwork alone may already be burdensome! It can be difficult to prove unambiguous ownership of a commercial property because of legal descriptions, zoning changes, building upgrades, and various property owners.
This is one of the reasons why having title insurance is beneficial. It serves as a proof that you have the legal authority to possess and use the property other than just owning it.
The majority of insurance protects you and your belongings from unfavorable future events. However, title insurance shields you from events that have already happened, such as unpaid taxes or liens placed against the property.
The buyer will be shielded by title insurance from problems arising from the property's chain of title. It is applied to both commercial and residential real estate transactions. However, compared to residential deals, business transactions are significantly more complex. This is a result of the notable disparity in the sums of money at stake.
While title insurance specifies the buyer's ownership rights, deeds demonstrate property ownership between purchasers and sellers. The owner's rights may be restricted by liens and other issues. The buyer needs assurance that the property's title is exactly as the seller claimed. The buyer's title insurance will protect them and their investment, for example, if the seller pledged to transfer the whole and clean title, but turns out later that the seller was not entitled to do so or if another party asserts ownership of the property.
The title insurance coverage has been tailored for the particular transaction. Even so, it typically pays for the costs of a title battle; alternatively, the buyer gets their money back if the lawsuit is unsuccessful and the opposing party is given the property.
The title insurance provider will need to do a title search before they can grant you title insurance. They will thoroughly examine all recorded property transfers, liens, and other encumbrances placed on the subject property. A preliminary title report will be sent to the buyer and seller at the end of this search.
Title insurance companies offer two different kinds of policies:
In addition, a title insurance provider may provide a range of endorsements for policies that cover issues outside the title, including environmental issues, border mistakes, and zoning disputes. The price of these is determined by the risk factors and the property's worth.
The buyer and seller of commercial real estate must agree on the title insurance provider because the insurance agents will serve as the escrow agent. Thus, the title insurance firm enters into the agreement early on, concluding the due diligence phase and preceding the closing.
The American Land Title Association (ATLA) sets rules for the title insurance market, and there are several title insurance providers in the country.
The title insurance company's job is to identify any unresolved historical issues. A title search is the first step in this process, which looks up every deed, mortgage, and easement. If the job is thoroughly investigated, it may reveal instances of encroachment or a contractor's lien when the work is finished but full payment is not received. These issues can frequently be fixed before closing or remain on the title as an exception.
Title insurance shields your financial commitment. Let's say that a claim is subsequently made contesting who owns the land. In that scenario, the insurance will pay the legal costs required to defend ownership and resolve the matter, even if the allegation is unfounded.
Most plans will provide protection against the following, while each policy is unique and depends on the needs of the persons involved and the property in question:
The American Bar Association advises that a buyer include the following specific components in their title insurance policy:
Title insurance is a subset of indemnity insurance that guards your business investment against monetary loss brought on by title issues. You don't have to be afraid of the unexpected when buying commercial real estate. These intricate transactions are made secure and practicable by title insurance. It would be challenging to locate lenders ready to loan such substantial amounts of capital without this insurance.
Title insurance protects mortgage lenders and buyers against ownership disputes. Title insurance has also changed with technology. The title services industry is experiencing a remarkable transformation propelled by title insurance technology and broader technological advancements in the insurance industry.
This post will address future technological advancements poised to significantly impact the title insurance industry, particularly within the context of technological advances in real estate.
1. The Automated Title Searches
Title searches used to be done manually by looking through the property's public documents. The procedure is both time-consuming and costly. AI-driven automation, the landscape of title insurance technology, holds immense promise. It signals a future where data security and operational agility are paramount. Automation reduces errors and saves time and costs.
2. The Blockchain Technology
A digital ledger using blockchain technology safely and openly records transactions. Secure and transparent property record storage and management can be achieved with blockchain in title insurance technology advances. Real estate fraud and errors can be reduced with blockchain-based title insurance. It can also eliminate title insurance intermediaries, lowering title insurance costs for homeowners and mortgage lenders.
3. The Smart Contracts
Smart contracts automatically execute agreed-upon terms, helping ensure real estate transaction parties follow conditions. Title searches and transfers can also be automated to save time and money on title insurance.
4. The Remote Online Notarization
Online notarization is called remote online notarization (RON). Both homebuyers and mortgage lenders benefit from RON's reduced notarization costs and time. RON is trending in technological advances in real estate and is expected to grow.
5. The Artificial Intelligence And Machine Learning
AI and ML automate property value, risk assessment, and fraud detection in real estate. These experts can also forecast property values and find investment opportunities. AI and machine learning methods help title searchers find titles faster by processing vast volumes of data.
6. The Augmented And Virtual Reality
AR and VR allow homebuyers to examine properties from home with virtual tours, resulting in engaging experiences in real estate. To increase the likelihood of a sale, houses can also be virtually staged using AR and VR.
7. The Cloud-Based Platforms For Title Insurance
These platforms let you securely store and access property records and other documents, which can significantly save time and money compared to the conventional paper-based title insurance process. Cloud-based technologies also allow homeowners and mortgage lenders to track title insurance activity in real-time, improving openness and reducing errors and delays. Like any technology, cloud-based platforms have risks.
8. The Predictive Analytics And Big Data Usage
Predictive analytics and big data could transform the sector by revealing market patterns, risk variables, and other elements that affect title insurance. Title insurance experts can make better decisions by identifying patterns and trends in significant volumes of data that may take time to be apparent. It helps mortgage lenders and real estate professionals determine where to invest and lend. However, predictive analytics and big data present challenges in the title insurance industry.
Technological advances will shape the title insurance market. These improvements pose data privacy and security risks, but ethical use can yield many benefits. This growth of title insurance technology advances underscores a pivotal shift towards digital solutions that streamline processes and fortify data security measures. Title Guarantee uses the latest technologies and offers excellent service to provide effective and secure title insurance solutions.
Title companies have a huge impact on the real estate business. Their responsibilities include verifying property ownership and clearing the title. Understanding the complex process of performing title searches shows how important it is to conduct thorough investigation and verification to guarantee the accuracy and integrity of property ownership.
To navigate this complex terrain, title searchers rely on various methods and tools. In this post, we'll look at how to verify property ownership and why it matters in title companies.
A title search is first performed when a title company is hired for property ownership verification. One of the primary purposes of a title search is to verify the seller's legitimacy as the property's transferor. Public records must be searched to find the property's present owner and any liens or encumbrances that can influence the title.
Title searches typically examine deeds, mortgages, and tax records. They also look for outstanding easements, liens, or limitations that might impact the title or use of the property. Moreover, the outcome of a title search can have significant implications for real estate transactions, influencing the validity of property transfers and the resolution of potential disputes.
Making sure that there is a clear chain of title is one of the most crucial steps on how to verify property ownership. A chain of titles is a history of all the owners of a piece of land, beginning when it was first purchased and continuing to the present day. The title company will check the chain of title to guarantee that there are no breakdowns and that each transfer of ownership has been recorded appropriately. Title issues may arise if there are any breaks in the chain of title or if a transfer of ownership needs to be documented appropriately.
Verification for liens and encumbrances should also be considered an essential part of the property ownership verification.
To better understand how these work, let's find out their differences:
A lien is a legal claim enforced against property to guarantee debt payment. Meanwhile, an encumbrance is a restriction or limitation imposed on the property. Some examples of these that the title company would investigate to see whether or not they impact the title include an easement, mortgage, or unpaid taxes are some examples of encumbrances or liens.
Before putting the property on the market, the title company will work with the seller to clear any unpaid liens or encumbrances.
The title company will typically verify the ownership of the property with the county recorder's office once they have finished the title search and validated the chain of title; this is the standard procedure.
The county recorder's office is responsible for documenting all real estate transactions in the county.
The title company will confirm who owns the property by reviewing the recorded paperwork, including the deed and other relevant legal documents. In addition, they will confirm that the seller is legally permitted to sell the property.
There is always the possibility that a problem with the title could be overlooked, even while conducting the most exhaustive search possible. Because of this, title insurance is necessary to safeguard the buyer's investment in the property.
Title insurance protects the policyholder against monetary damages that may be incurred due to issues with the title, such as an invalid title or liens that have yet to be identified.
The title insurance coverage will compensate the buyer for any monetary damages if a title issue arises after the sale is finalized.
Conclusion
Property ownership verification is one of the most important stages in the real estate transaction process, and title companies are essential to this process as they conduct extensive title searches and property ownership verification.
Showing the process and resources utilized helps us understand real estate transactions and the need for due diligence in protecting property rights.
Looking for a trusted title company in Indiana to help sell your home? If yes, our team at IndyLegal is here to serve you.
Call us at 317-214-6023 today so we can assist you!
Title insurance might not be the most thrilling aspect of buying a home, but it's undoubtedly one of the most crucial. In Indiana, as in many other states, understanding title insurance is essential for homebuyers to protect their investment and ensure a smooth transfer of property ownership. Whether you're a first-time buyer or a seasoned homeowner, this comprehensive guide will walk you through everything you need to know about title insurance in Indiana.
What is Title Insurance?
Let's start with the basics. Title insurance is a type of indemnity insurance that protects both lenders and homeowners against financial loss due to defects in a property's title. These defects could include errors or omissions in public records, undisclosed heirs claiming ownership, forgery, fraud, or liens against the property.
Why Do You Need Title Insurance?
When you buy a home, you want to be confident that you're the rightful owner and that no one else has a claim to the property. Title insurance provides this peace of mind by conducting a thorough examination of public records to ensure that the title is clear before the transaction is finalized. Without title insurance, you could be at risk of financial loss or even losing your home if someone else challenges your ownership rights.
Types of Title Insurance
In Indiana, there are two main types of title insurance: owner's title insurance and lender's title insurance.
Both types of title insurance are usually required during the homebuying process, and while the lender's policy protects the lender, it's the owner's policy that provides protection for the homeowner.
The Title Search Process
Before issuing a title insurance policy, a title company will conduct a thorough title search to uncover any issues that could affect the property's title. This process involves examining public records, including deeds, mortgages, court records, tax records, and more. The goal is to identify any existing liens, encumbrances, or defects in the title that could jeopardize the homeowner's rights.
Common Title Issues
The Role of the Title Insurance Company
In Indiana, title insurance policies are typically issued by title insurance companies or agents. These companies play a crucial role in the homebuying process by:
While title insurance may seem like just another expense in the homebuying process, it's an investment that can save you from significant financial loss down the road. By understanding the importance of title insurance and working with a reputable title insurance company, Indiana homebuyers can ensure a smooth and secure real estate transaction. So, before you close on your next home, be sure to do your due diligence and secure the protection that title insurance provides. Your peace of mind—and your investment—depend on it.
Closing on a property can be both thrilling and daunting. Whether you're a seasoned investor or a first-time homebuyer, navigating the intricacies of the closing process is crucial for a smooth transition of property ownership. In Indiana, like in many other states, this process involves various legal and financial steps that demand attention to detail. To shed light on this often opaque procedure, we've consulted title experts to compile essential tips for navigating the closing process in the Hoosier state.
Understanding the Closing Process:
The closing process in Indiana typically involves several key steps:
1. Contract Review: Once a purchase agreement is signed, it's crucial to review the contract thoroughly. Ensure that all terms and conditions are clearly outlined and that there are no discrepancies or ambiguities.
2. Title Search: Conducting a title search is essential to uncover any existing liens, encumbrances, or ownership disputes associated with the property. This step helps identify potential obstacles that may affect the transfer of title.
3. Title Insurance: Securing title insurance is a fundamental aspect of the closing process. Title insurance protects both the buyer and the lender against any unforeseen defects in the title that may arise after the transaction is complete.
4. Property Inspection: Prior to closing, it's advisable to conduct a comprehensive inspection of the property to identify any structural issues or defects. Addressing these concerns beforehand can prevent complications during the closing process.
5. Finalizing Financing: For buyers relying on financing, ensuring that all mortgage documents are in order is essential. This includes providing necessary financial documentation and finalizing loan details with the lender.
Tips from Title Experts:
To navigate the closing process with confidence, consider the following tips from title experts:
1. Work with a Reputable Title Company: Partnering with a reputable title company can streamline the closing process and provide invaluable expertise. Choose a company with a proven track record of excellence and a commitment to customer satisfaction.
2. Communicate Openly: Effective communication is key throughout the closing process. Stay in regular contact with your real estate agent, lender, and title company to address any concerns or questions promptly.
3. Review Documents Carefully: Take the time to review all closing documents thoroughly before signing. If anything is unclear or requires clarification, don't hesitate to seek guidance from your title agent or attorney.
4. Be Prepared for Delays: While everyone aims for a smooth and timely closing, it's essential to be prepared for potential delays. Factors such as financing issues, title complications, or last-minute negotiations can prolong the process.
5. Stay Flexible: Flexibility is essential when navigating the closing process. Be prepared to accommodate scheduling changes, document revisions, or unexpected developments that may arise.
Closing on a property in Indiana can be a complex yet manageable process with the right knowledge and guidance. By understanding the key steps involved and heeding advice from title experts, buyers and sellers can navigate the intricacies of the closing process with confidence. Remember to prioritize communication, diligence, and flexibility to ensure a successful and stress-free closing experience.
Title issues can be a nightmare for homebuyers, potentially leading to legal battles, financial losses, and even the loss of property. In Indiana, like in many other states, there are specific title issues that homebuyers should be aware of to avoid any unpleasant surprises down the road. Whether you're a first-time homebuyer or a seasoned real estate investor, understanding these common title issues is crucial before finalizing any property purchase in the Hoosier State.
1. Missing Heirs or Undiscovered Wills
One of the most common title issues in Indiana arises from missing heirs or undiscovered wills. If a property owner passes away without a clear will or with heirs who cannot be located, it can create complications during the title transfer process. Even if the property has been sold multiple times since the owner's passing, unresolved heirship issues can lead to legal disputes, clouding the title and affecting your ownership rights.
To avoid such scenarios, it's essential to conduct a thorough title search and possibly even invest in title insurance to protect yourself against any future claims from unknown heirs.
2. Boundary Disputes
Boundary disputes can arise when there is confusion or disagreement regarding the exact boundaries of a property. This can happen due to inaccurate surveys, discrepancies in property descriptions, or disputes with neighboring landowners. In Indiana, boundary disputes can escalate quickly, leading to costly legal proceedings and potential loss of property.
Before purchasing a home in Indiana, make sure to review the property's legal description, conduct a survey if necessary, and resolve any boundary disputes before closing the deal.
3. Mechanic's Liens
Mechanic's liens can pose a significant threat to property buyers in Indiana, especially if the previous owner failed to pay contractors or subcontractors for work done on the property. These liens can remain attached to the property even after a change in ownership, potentially leading to foreclosure if left unresolved.
Before finalizing a property purchase, it's crucial to ensure that all liens against the property have been satisfied or discharged. Working with a qualified real estate attorney can help you navigate this complex aspect of property transactions.
4. Easements and Right-of-Way Issues
Easements and right-of-way issues can restrict how you use or develop your property. Common examples include utility easements, which grant utility companies access to install and maintain infrastructure on your land, or access easements, which allow neighboring properties to access roads or utilities through your land.
Before buying a property in Indiana, carefully review any existing easements or right-of-way agreements to understand how they might affect your intended use of the property.
5. Forged or Fraudulent Documents
Unfortunately, forged or fraudulent documents can sometimes surface during property transactions, casting doubt on the validity of the title. Whether it's a forged deed, a fraudulent mortgage, or a fake release of lien, these documents can create a legal nightmare for unsuspecting homebuyers.
Another crucial role that title companies play is in facilitating the closing process. They act as neutral third parties during the closing, ensuring that all necessary documents are signed, funds are transferred securely, and the transaction is executed according to the terms of the contract. Their presence helps streamline the closing process and minimizes the risk of errors or misunderstandings.
To protect yourself against forged or fraudulent documents, work with reputable title companies, conduct thorough due diligence, and consider investing in title insurance to safeguard your investment.
In conclusion, while purchasing a home in Indiana can be an exciting milestone, it's essential to be aware of the common title issues that could jeopardize your ownership rights. By conducting due diligence, working with experienced professionals, and investing in title insurance, you can mitigate the risks and enjoy a smooth and worry-free homebuying experience in the Hoosier State.
In the world of real estate transactions, there's a silent but indispensable player: the title company. Often overlooked, Title Companies play a crucial role in ensuring smooth and secure real estate transactions. Nowhere is this truer than in the state of Indiana, where title companies act as the guardians of property rights and the facilitators of seamless transfers of ownership.
Understanding the Role of Title Companies
Firstly, let's demystify what a title company actually does. At its core, a title company specializes in researching and verifying the legal ownership of a property. They delve into historical records, comb through deeds, and check for any liens or encumbrances that could cloud the title. This meticulous process is aimed at providing assurance to both the buyer and the lender that the property can indeed be transferred free and clear of any disputes or legal issues.
Ensuring Clear Title
In Indiana, as in many other states, the concept of "clear title" is paramount in real estate transactions. A clear title means that the seller has the legal right to sell the property without any outstanding claims against it. Without a clear title, a transaction can be delayed or even fall through entirely, causing frustration and financial loss for all parties involved.
This is where title companies shine. Through their exhaustive research and examination of property records, they uncover any potential issues with the title early on in the process. Whether it's an unpaid tax lien, a boundary dispute, or an overlooked easement, title companies work tirelessly to resolve these issues before the closing date, thus ensuring a smooth transfer of ownership.
Providing Title Insurance
In addition to their research and due diligence, title companies also offer an invaluable form of protection: title insurance. Title insurance protects both the buyer and the lender against any defects in the title that may have been missed during the initial examination. This safeguard provides peace of mind and financial security to all parties involved in the transaction.
Facilitating Closings
Another crucial role that title companies play is in facilitating the closing process. They act as neutral third parties during the closing, ensuring that all necessary documents are signed, funds are transferred securely, and the transaction is executed according to the terms of the contract. Their presence helps streamline the closing process and minimizes the risk of errors or misunderstandings.
In the bustling realm of real estate, title companies operate quietly but indispensably, serving as the backbone of transactions. Within Indiana's landscape, where property rights hold profound importance, these entities are instrumental in safeguarding the integrity of each transaction. As you navigate the complexities of real estate dealings, take a moment to recognize and value the invaluable contributions of title companies, ensuring the smooth and secure progression of every endeavor.
When buying a home, it's wise to conduct a property title search, which might reveal any financial or legal entanglements associated with the property. If you're financing the purchase, it's usually mandatory. This is because, in real estate transactions, liens on a house or other unresolved title issues must be addressed, protecting both buyers and their lenders.
If you want a deeper understanding of what it's about, you can check the following resources:
Nonetheless, here are some basic things you need to know about title search.
A title search looks up public records to trace the ownership of a piece of real estate, identifying the buyers and sellers over the property's lifetime. Some of its objectives are:
The main purpose of property title search is to ensure that a property is free of liens, which are legal claims made against it due to unpaid bills, unpaid taxes, or other financial responsibilities.
This is why mortgage lenders typically demand them. The revenues from the sale of a property must be utilized to settle any legitimate liens. In a real estate transaction, the seller usually bears the responsibility but as the new owner, you may also become the beneficiary of any lien that is tied to the property and isn't evident at the time of sale.
In another sense, the true cost of the house to you might be the purchase price plus the total amount of any liens you inadvertently take on. Such a surprise is avoided with a property title search.
While fraud and forgery are undoubtedly possible, most title flaws discovered by property title searches are the result of harmless errors. Due to the mistakes made by courts or municipal clerks or the lienholder neglecting to notify the debt's discharge, some liens continue to exist even after the original financial obligation has been satisfied.
Although they are frequently easily resolved, they must be addressed before the lenders give the final loan approval.
Some cases that become more problematic are when a seller who inherited a home is not aware of a lien placed one or more generations ago and needs repayment during the selling process.
A comprehensive property title search can uncover any liens that may be attached to a property through the dozens of legal procedures available. The following are a few of the most typical lien kinds that may appear:
Mechanic's Lien: If your home is undergoing significant construction, it is customary for the contractor to file a mechanic's lien, which establishes a claim on the property to protect them from unpaid labor and material charges. The contractor should get the lien released once you pay for the work, but that doesn't always happen. Mechanic's liens also usually have built-in expiration dates, but selling the home before the date can hinder the sale.
Tax Lien: Homes whose owners neglect to pay their property taxes may be subject to liens from municipalities and other taxing authorities, including school, fire, sewage, and water agencies.
Overdue Homeowner Dues: If a homeowners association governs a house or condominium, the association may place a lien on the property to recoup past-due assessments or other costs. Usually, these need to be resolved during the selling process.
Spousal Or Child Support Lien: Court-ordered spousal or child support may be the subject of a lien placed against the noncompliant parent if the parent is unable to pay the required amount.
Civil Judgment: This happens when parties that win compensatory or punitive damages in civil litigation may bring claims against the other party's real estate and other assets.
Your lender will probably need you to commission a property title search from an abstractor -- a professional service provider whose price is usually included in your closing costs if you're financing a home with a mortgage.
It may be advisable to leave the work to the professionals because title search fees (which usually range from $75 to $200, depending on the prevailing rate for your area and the complexity of the required search) are not very expensive when you take into account the cost of a home and the possible expense of undiscovered title flaws.
However, anyone can perform a property title search because they are based on public records. This is the method to follow:
A property title search is necessary because title defects might cause delays or failures in acquiring your real estate or leave you with a home that has unresolved legal claims against it.
Doing it might be daunting, but still, other than being required by the mortgage lender, a title search can add the peace of mind you need in case of a problem with your property.
If you need reliable title services, such as title search for your property, our team at IndyLegal is here to help!
Call us at 317-214-6023 to get started.
