Title Examination:
Title examination is the process of researching and reviewing the ownership history of a property to ensure that the property is free of any liens, judgments, or other encumbrances. This process helps to establish the condition of title and identify any issues that need to be addressed before closing on the property. It also help to ensure that the property transfer is in compliance with all state and local laws, regulations, and ordnances.
During the title examination, a title examiner will review public records such as deeds, mortgages, liens, judgments, and other legal documents related to the property. They will also check for any outstanding debts or taxes, and investigate the chain of title to ensure that the seller is the rightful owner of the property. The title examiner will also look for any other potential issues, such as zoning violations or easements, that could affect the property’s value or use.
The title examination report is a comprehensive document that summarizes the findings of the title examination and includes a detailed analysis of the condition of title. This report can be used by the buyers, lenders, and insurers to make an informed decision about whether or not to proceed with the purchase of the property.
Reasons
Protection of your investment:
Title examination is the process of researching and analyzing the history of a piece of property, including any liens or encumbrances on the property, to ensure that the person selling the property has the legal right to do so and that the buyer is getting clear title to the property.
Protecting your investment in a property through title examination can help ensure that you are not buying a property with any hidden issues that could negatively impact its value or your ability to use it. Additionally, title insurance can provide an added layer of protection in case any issues with the title are discovered after the purchase.
It’s important to make sure you have a professional and experienced title examiner to conduct the examination, and also to get a title insurance policy to protect your investment.
Compliance with State and Local Laws:
Title examination ensures that the property transfer is in compliance with all state and local laws, regulations and ordnances. This helps to avoid legal issues and penalties in the future.
Compliance with state and local laws is important for many reasons, including avoiding penalties, legal liabilities, and reputational damage. When purchasing a property, it is important to be aware of and comply with all applicable state and local laws, including zoning laws, building codes, and environmental regulations.
Identification of Hidden
Identification of Hidden Liens or Judgments: Title examination can reveal any mmhidden liens or judgments that may be attached to the property, such as outstanding taxes or mortgages. This information can help you make an informed decision about whether or not to proceed with the purchase
Uncovering Potential Fraud:
Title examination can also uncover potential fraud, such as forged deeds or fraudulent transfers. This can help to protect you from becoming the victim of a scam.
Details About Your Rights Over the Property
The results of an assessment of the title will also reveal what kinds of rights your client will have in relation to their new home. These include the right to hold the property exclusively, the right to access it, and the right to divide or change the property. It is possible for the buyer to be barred from making full use of their property if any of these rights are discovered to be absent, faulty, or confusing.
Suppose there is an easement that lets other people cross the property, but the buyer didn’t know about it when they bought the house. They might be surprised later on when they find out about it.
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