Integrity Title

Avoid Common Home Title Issues with a Title Search

Most existing homes have a history that only a title property search can uncover. Working with a home title company will help protect you from potential issues before you close the deal – here’s how.

What is the role of a title company in real estate?

A title company is one of the most important, though often overlooked, vendors in a real transaction. The company makes sure that there are no legal obstructions that can potentially create issues with the transfer of property. It also prepares documents related to the conveyance of the title. These processes are crucial to closing a sale because a clean title is necessary for the completion of any transaction.

Some of the roles and responsibilities of a title company include:

Research the property that you’re buying. The title company will conduct a title property search, or the process of examining public records to determine and verify the legal ownership of a given property. These include the scrutiny of land records, deeds, wills, tax liens, death certificates, and court judgments, just to name a few. The search can bring to light any claims or liens on the property. The sale can fall through if a title search turns up a lien on the property.

A property title search is typically performed during closing – more specifically, it takes place after you’ve made an offer, but before ownership has been transferred to your name. Once the search is done, you’ll receive a preliminary title report. If there are any problems with the title, you can inform the seller and decide whether to walk away or go through with the home purchase depending on the nature of the problem.

Make sure that there are no liens or judgments. A judgment lien, sometimes known as an involuntary lien, is attached to a property as part of a court settlement. In every state, a judgment lien can be attached to a single-family home, townhome, condo, land, or a similar type of property. A lien is incurred when a judge or jury orders payment from one person (the debtor) to another.

A judgment lien is the court’s way of ensuring that the individual who won the judgment, or the creditor, receives what they are owed. It gives the creditor the right to part or all the proceeds from the sale of the debtor’s property depending on the amount owed. In Maryland, a judgment lien can remain for 10 to 12 years even when the property changes ownership.

Search for mortgage liens on properties. A mortgage lien is a financial claim on a property that serves as loan collateral. If the debtor defaults on their loan or stops making payments, a mortgage lien gives the lender the right to foreclose or take possession of the property to recoup the unpaid amount.

Ensure property is transferred to you free and clear of liens or judgments. In many counties in Maryland, you will be required to apply for a lien certificate for the property and settle any financial obligations to the county before recording a new deed. The lien certificate is a document indicating unpaid taxes and other obligations for a specific property. The title company will make sure that the property is free of liens to ensure that the property transfer goes smoothly. If the title is found to be clear, closing will go as planned and the title company will issue a title commitment.

Who does the title search?

A title search can be performed by a title company, attorney, or abstractor.

How long does a title search take?

A traditional title search generally takes about four to five days. In complex cases, it can take 10 to 14 days to complete.

How do you order a title search report?

You can obtain a title search report by hiring a title company that will assist you from contract to settlement.

Why do you need a title company?

Although title insurance is not mandated by law in Maryland and Virginia, it’s possible for a lender to require it as a condition of your mortgage. In the District of Columbia, lenders don’t typically require title insurance, though they often require a loan policy.

In any case, it’s prudent to purchase an owner’s title insurance policy to protect your home purchase in these states. Since buyers customarily pay for title insurance in D.C., Maryland, and Virginia, you have the power to choose your title company.

Why does a lender need a title property search?

A lender may require a title search with the following goals in mind:

How do title searches identify who owns a property?

Title companies determine the rightful owner of the property through several means, including:

During a title examination, a title attorney refers to the chain of title and looks for any of the following:

The goal of a title examination is to determine whether property ownership can potentially be tied to anyone other than the seller and buyer. It is crucial to protecting buyers from any issues that may arise with a defective title.

Also called a clouded title, a defective title makes it difficult to determine the real owner of the property, creating confusion and possibly leading to an invalid title. Any defects should be resolved before finalizing a sale. If you fail to identify any issues surrounding defective title during closing, you could potentially deal with unfavorable outcomes, such as the legal loss of the property.

Why do I need a title property search?

Common issues that a title search can uncover

The benefits of a hiring a title company for a title property search

It protects your financial interest. As already mentioned, there are financial burdens that come with liens, judgments, and legal claims to a property. Protect yourself from any financial obligations and legal action that may arise from unresolved issues with a home. A title search will help you make informed decisions as well as prevent you from buying a home with a troubled history.

It allows you to buy owner’s title insurance for added protection. Obtaining title insurance creates an additional layer of protection in case issues with the title, or if any claimants come forward, after the title search. There are two kinds of title insurance: the owner’s title insurance affords additional protection for the buyer while a lender’s title insurance protects the mortgage lender’s interests.

Work with Integrity Title & Escrow Company, LLC

We’re a full service title and settlement company assisting clients in D.C., Maryland, and Virginia. Contact us at 410.581.6861 or send us a message. As a certified Women Business Enterprise (WBE) and Minority Business Enterprise (MBE), we specialize in residential and commercial properties in DMV.