Title Search Archives

March 18, 2024April 25, 2024

Real Property Basics: What Is a Clear Title?

A clear title. The term is commonly used to mean the deed holder can prove ownership, unquestionably. To verify that, a title company can conduct a title search.

Other parties’ claims on the title are called title defects, or clouds on title.

What do these claims look like? They might be mortgage liens, court judgments, contracts with renters, solar contracts, or any agreements to allow access to part of the property. There could be unpaid taxes in the past, claims by relatives involving their rights in foreclosures or inheritances, even liens for fees and fines imposed by homeowners’ associations.

Having a clear title matters to a homeowner. Selling isn’t an option while there are liens or claims against the title. Straightforward enough… But there are some finer points worth knowing.

February 7, 2024April 25, 2024

Behind the Scenes of a Home Purchase: What’s Your Title Company Doing?

You joyfully pick up the keys on closing day, and leave the office triumphant, a thick folder from the title company under your arm.

The title company played a starring role in your day. At least it did if a mortgage is involved! Cash buyers need not hire experts to run a search on the home title, because there’s no lender to protect. But even where buyers pay cash, most people don’t have the time to handle their own title searches.

Thus, most purchases typically involve title companies. A title company provides security and confidence. No new homeowner wants to worry about potential issues or discrepancies in the property’s ownership history.

November 7, 2022April 25, 2024

Using a Quitclaim Deed: What Are the Drawbacks?

A quitclaim deed is a simple form that transfers a piece of real estate from one person to another. Any homeowner can fill out a quitclaim deed with their name and the name of the recipient, and the property’s existing legal description, sign it in front of a notary and record the document. That effectively and quickly passes a property on. No wonder these forms mistakenly get called “quick claim” deeds.

Yet quitclaims are not a good pick for most property conveyances. Read on to learn more.

December 5, 2018April 25, 2024

What is a Quitclaim Deed?

There are various ways to transfer a real estate title, and among the simplest is a quitclaim deed. The person is literally quitting their claim to the property. Just because it’s the simplest method does not mean it’s the best, however, especially if you are the recipient of the property. That’s because the quitclaim deed does not guarantee that the grantor – the person transferring the property – actually owns the real estate in question. The grantee, or person receiving the property, not only could end up with a worthless deed, but cannot sue the grantor if it turns out that individual did not own the property or owned only a percentage of the land or buildings. However, if fraud is involved, it is possible to sue the grantor on those grounds. That does not mean you should always avoid quitclaim deeds, but it does mean you should do your research.

Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date.