What does the title search do?

The title searcher must review all instruments, conveyances, public records, and court proceedings to discover any material facts related to the title of a property. The searcher is ensuring that the “chain of title” is intact.

Additionally, the searcher will be careful to see that all encumbrances, such as liens, have been or will be satisfied at closing. When ensuring title, the searcher wants to be certain that the claims of any other person are extinguished, or, if not extinguished, that the buyer agrees to take title subject to those encumbrances.

The buyer’s names must also be checked in the records to be certain there are no judgement liens against the buyers that would “jump” onto the title immediately after recording the deed but before the mortgage could be recorder.

For an in-house examination, a title agent prepares a search sheet with copies of instruments form public records. When the title commitment is typed, it must be carefully reviewed to see that names and legal descriptions match those on the contract and that amounts are correct. If a prior title policy is available, it must be checked to see that any exceptions are carried forward to the new commitment. The buyers receive only a commitment prior to closing. The complete title insurance policy is issued after the documents have been recorder.

Questions on your title search? Call 305-271-0100