Property Title Review and Lien Searches
The primary purposes of a title review and lien searches, are to ensure that a seller has the ability to convey good title to the purchaser at the time of the closing or that a borrower has good title to the property being pledged as security for a loan. It is best to have title review performed as early as possible to allow time for dealing with unexpected complications. The most common title defects are the following:
- Breaks in the Chain of Title
- Errors in Prior Recorded Deeds
- Name Variances
- Improper or Missing Power of Attorney
- Property is subject to a contract or an option to sell or lease
- Unsatisfied or Unreleased Mortgages
- Notice of Lis Pendens
- Unexpired Restrictive Covenants and Conditions
- Mechanic’s Liens
- UCC Financing Statements
- Judgment Liens
- Tax Liens
Clearing a property title means determining that it is free of liens or encumbrances that could pose a threat to its ownership. Therefore, the title search is one of the most important aspects of a real estate transaction.
Without clear title, the title company will be unable to insure the property and the purchasers, and the sellers will not be able to sell the property. In terms of timing, the title review and lien searches are usually initiated when the purchaser receives a fully executed contract. As a result of this review, any issues revealed with the title will be negotiated and adjusted prior to closing, which grants the seller time to address them.
*Please note that the above is not a full title search or a commitment to insure title. This information is provided as courtesy prior to your title order. There may be additional liens or title issues that affect the premises. No liability is assumed.