A Title and Search Report, commonly referred to as a Title Search Report or simply a Title Report, is a document prepared by a qualified professional, such as a real estate attorney or a title company, during the process of buying or selling real estate. This report provides information about the legal ownership of the property and any encumbrances or defects associated with its title.
Here's what a Title and Search Report typically includes:
- Title Ownership: The report will verify the current legal owner(s) of the property and provide details about how the property is titled. This includes confirming that the seller has the legal authority to transfer ownership.
- Chain of Title: The report will examine the historical chain of ownership of the property, tracing back through previous owners to ensure that the current seller obtained the property through a valid and legal transfer.
- Encumbrances and Liens: The report will identify any encumbrances or liens attached to the property, such as mortgages, easements, judgments, tax liens, or other legal claims against the property. These encumbrances could affect the buyer's ability to obtain clear title.
- Legal Description: The report will provide a detailed legal description of the property, including its boundaries, dimensions, and any relevant survey information.
- Title Issues: Any title issues or defects discovered during the search process will be documented in the report. These may include errors in public records, undisclosed heirs, boundary disputes, or other issues that could affect the property's marketability or insurability.
- Title Insurance: If the buyer is obtaining title insurance, the report may include recommendations or requirements from the title insurance company based on the findings of the title search.
A Title and Search Report is a critical component of the real estate transaction process, as it helps ensure that the buyer receives clear and marketable title to the property. By identifying any potential title issues or encumbrances upfront, both buyers and sellers can address these issues before closing the deal, minimizing the risk of future disputes or legal complications.
It's important to note that while a Title and Search Report provides valuable information about the property's title, . Buyers and sellers should carefully review the report and consult with legal professionals or title insurance companies to address any concerns or questions about the property's title.