When buying a home, don’t neglect to make sure the home has perfect title before finalizing escrow. A title insurance company’s goal is handing over a house with clean title in order to prevent disbursing subsequent claims to you. With that in mind, executing a title search will be your title insurance company’s foremost priority ( or your attorneys contingent on the requirements of your specific state ).
The title research includes researching through the preceding 50 yrs of official documents for any info concerning the home, including all preceding deeds, last will and testaments, divorce decrees, trusts, bankruptcy cases, court judgments, and tax documents. Statistics suggest as much as thirty-five percent of homes could possess a fault with their title.
After a title company releases a preliminary title report ( also known as a title insurance commitment or encumbrance report ), you get the opportunity to clear issues prior to plowing ahead with the sale – or to call off the purchase if something major turns up. In addition, you’ll discover the qualifications in which title will be covered. In instances where unidentified or unsolved matters can’t be cleared, your title company will omit these from coverage.
The preliminary report should be sent to you, your real estate agent, and attorney by your closing agent. Take the time to carefully inspect it and consult with your attorney or closing agent about items you don’t understand. If your report references recorded documents like easements or building-and-use-restriction, request copies so you can review them.
A preliminary title report should also include a plat map which outlines the houses boundaries when the land was first subdivided. Inspect the map for inconsistencies between what was originally divided to what you see today. However use this map only as a general guide because only a professional surveyor can tell you the exact boundary of the property. If your report makes mention of an easement, be sure to ask your title company or attorney to show you where they are on the plat map.
If you have future plans for the prospective house such as building a backyard swimming pool, be sure to examine the preliminary title report for any restrictions or easements that may prevent you from building a pool. It’s important to share all your future plans for the property with your closing agent, attorney, or real estate agent.
Fortunately you will not have to handle correcting any defects with title. Your closing agent will give notice to the seller’s agent of the defect and need any liens or defects to be cleared and paid off from the sellers profit at closing.
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