In real estate, title is an ownership right to property. It is the owner’s right to use, occupy, and possess the property.
A title search is a detailed review of public records concerning a property. The records include deeds, trusts, wills, mortgages, liens, declarations, restrictive covenants, and other documents. A title search includes examination of records at the registry of deeds in order to verify a sellers right to transfer ownership of property.
Title Insurance protects owners from past events that can adversely affect their ownership interest in the property.
A title search can reveal little defects such as undischarged mortgages, faulty deeds, tax liens, court judgments against sellers resulting in attachments on the property, encumbrances, restrictions limiting land use, and more.
There are hidden title dangers that even the most thorough title search would not reveal, but could still have an adverse effect on the ownership of your home. Here are just a few:
• Lien for payment of contractors and material suppliers for unpaid improvements to property that may attach without being recorded
•Improper or incorrect statement of marital status by previous owner resulting in claim by legal spouse
•Deed by a manager of a corporation without authorization to convey
•Forged or fraudulently executed title documents, like deeds, mortgages, partial releases and discharges
•Failure of a seller to obtain zoning permits for renovations to the property
