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A title search examines city records to find out the property's title history. These records include deeds, court records, property and name indexes, and many other documents.Some hindrances that can be found in the title search include mortgage claims, liens, title claims, judgements, and other outstanding claims.

Many title issues can be resolved by filing one of three common documents: A quit claim deed removes an heir and clears up title among co-owners or spouses. A release of lien/judgment removes a paid mortgage or spousal or child support lien. A deed of reconveyance records payment of a mortgage under a deed of trust.

If however, this is not your debt and the lien has wrongfully been placed on your property, then you should first seek to get the creditor/lender to voluntarily release the lien. If they refuse, you could then file a lawsuit to get the lien removed and possibly obtain damages for slander of title.

When performing a title search, the attorney or title company will conduct research using public records and legal documents to identify the vested owner, the liens or other judgments on the property, the loans on the property, and the property taxes due.

Errors in public records. To err is human, but when it affects your homeownership rights, those mistakes can be devastating. Unknown liens. Illegal deeds. Missing heirs. Forgeries. Undiscovered encumbrances. Unknown easements. Boundary/survey disputes.

The term defective title refers to an impaired title on an asset or a piece of property. The defect or impairment on a title can be in the form of a lien, mortgage, or judgment. Because other parties can lay claim to the property or asset, the title cannot be legally transferred to someone else.

But a title search does not include a survey. With a title search, the title company reviews the chain of title, up to the present ownership. It does not reveal specific physical details of the property.Nevertheless, either the seller or the buyer may want to hire a service to produce an up-to-date survey.

Defective title is a generic term. A title is considered to be defective where there is potential for a third party to establish or attempt to establish an estate right title or interest which is adverse to, or in derogation of, the property owner's title to the property.

A property title search examines public records on the property to confirm the property's rightful legal owner. The title search should also reveal if there are any claims or liens on the property that could affect your purchase.

Questionnaire to Secure Initial Data for Title Search

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How do you fix property title issues?

What happens when a title company makes a mistake?

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Does Title Search include survey?

What is a defective title in property?

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