A title is a legal concept which traces a chain of ownership in real property ending in the current owner’s legal right or “title” to the property. The purchase of a home necessarily assumes that the buyer will receive a clear, marketable title at closing. A real estate attorney can perform and analyze a title search to ensure a property can be purchased free and clear of any title defects. Public record Errors can complicate the title process.
A title search is performed to ensure title to a property is free of any liens and encumbrances and is in fact owned by the seller. The search reviews prior deeds, court orders, mortgages and evidence of other liens and other possibly troubling documents recorded in the official records of the county in which the property is located.
All properties have a history, and not infrequently a title search will reveal issues that must be investigated and/or resolved. Matters such as spousal rights, proper re-titling in the beneficiaries or heirs of deceased title owners are two areas that are often problematic and msu be resolved.
Other problematic areas include Inaccurate legal descriptions of the property, improper execution of deeds or mortgage satisfactions and the liens of outstanding mortgages that should have been satisfied in previous sales. Similarly, Improperly filed legal documents, pending legal action, bankruptcy filings and unpaid judgment liens can result in the requirement for some form of remedial action.. The title search finds these problems so that any issues can be resolved.
How to protect yourself from title problems
A real estate attorney can issue an owner’s title insurance policy to help protect both the buyer and the seller who warrants good title from title defects. This insurance may cover the legal costs to defend your interests as well as losses sustained as a result of a covered title defect.
Richard S. Weinstein
Richard S. Weinstein is the real estate attorney you want to hire to help you navigate the title search and closing process. He can offer invaluable advice and ensure the process is meeting all legal guidelines.
With over 50 years of experience as an attorney, Richard S. Weinstein assists clients with the important financial situations in their lives. Whether you are dealing with bankruptcy, real estate (both commercial and residential, including short sales, foreclosures, and title insurance), estate planning, probate, business formations, or sales or mergers, Richard S. Weinstein is the attorney with the education, experience, and knowledge you need!
Law Office of Richard S. Weinstein, P.A.
250 S. Central Blvd. #101
Jupiter, FL 33458
Phone: (561) 745-3040
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