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Opinions of title are usually issued by attorneys. Title companies use the opinion made by the attorney to issue a document called a title report. This is a legal document that can be used in varying ways, but is most often in the process of purchasing a property, researching ownership, or verifying a lien status.
A preliminary report is a report prepared prior to issuing a policy of title insurance that shows the ownership of a specific parcel of land, together with the liens and encumbrances thereon which will not be covered under a subsequent title insurance policy.
Chain of title is often described as the sequence of historical transfers of title to a property from the current owner all the way back to the original owner. This also applies to land without a home on it.
Quiet title actions are common, for example, after the death of a title owner, especially when the property is left unoccupied for a long time. Squatters may try to claim adverse possession, or competing mortgage lenders may claim ownership interests.
Expert-Verified Answer. An attorney title opinion is a statement of opinion on the status of the property's title, based on the abstract of title. It is a legal document that is prepared by an attorney, and it provides an assessment of the risks associated with a particular property's title.
The Process of a Quiet Title Action Quiet title actions must be filed in the Superior Court for the county in where the real property is located. Quiet title actions are complex and generally require detailed pre-litigation factual analysis. After the pre-litigation analysis, a verified complaint is filed.
Typically, an abstract of title for a property will begin with the initial grant deed, and include all subsequent changes in ownership as well as any additional claims, including easements, encroachments, encumbrances, liens, litigations, restrictions, and tax sales.
A title defect refers to any potential threat to a current owner's full right or claim to sell a property. The property has a publicly-recorded issue, like a lien, mortgage or judgment that gives another party a claim to the property.