DIY: Title Searching Basics

In the past I have posted that I do my own title research. It's usually not to the extent a title company goes through, and I don't have access to the resources they use. Often I am asked, how do I complete a search on my own without those resources? The answer is a lot of reading and learning how counties file the documents I want to view.

Some counties are very easy to deal with, others not so much. Some counties will allow you to view the information for free, others will charge by the page just to look; and some will only provided hard copies for fees. I think the ones that only maintain hard copies are the hardest to deal with, since you get stuck working within their timeline. But fortunately, those counties are dwindling in numbers, as they are beginning their modernization processes when they have some money in the budget.

Some of the basic rules I follow.

1) always be courteous, the clerk knows more about their system than I will ever have time to learn.

2) look online first, and read the county's requirements for obtaining documents. This help in knowing how much money I will need to take with me, if any.

3) have my questions written down when I call or go to the clerks office.

4) have all pertinent info about the property the clerk may ask for; examples include owner info, prior owner info, street address, legal descriptions, and tax ID numbers.

5) Remember no mater how off putting the clerk may be today, they are still a person, so say "please," "thank you," and "have a good day/afternoon/weekend." Killing them with kindness will make it easier for them to remember you next time. It also makes them more receptive to you in the future.

Now the steps I use:

1) As I eluded to in my rules, I will need to gather basic information before hand. Owner, prior owner(s), street address, legal description(s), tax roll/appraisal ID number, and the county in which the property is located.

2) Once you have determined where to look at records. Access the county records online if possible. Once on the counties records database system I will begin my search.

3) First thing first is I will gather my chain of title or title history (All owners of targeted property, ever).

4) I will do a lien search on the each name from the list of names gathered from the title chain. (Both grantors and grantees)

5) Then I will run a second check if the middle name can be used as an alternative first name or last name.

6) I will also run additional checks using initials and or variations of the names. For example Jameson A. Smith could be listed as J. A. Smith, James A. Smith or J. Smith.

7) If I find mechanics liens, I will cross reference those companies to search. This way if the owners of the companies filed multiple liens on the property, I should find them.

8) Read all liens, in some areas of the country, liens or judgements only remain active for a specific period of time. They may become dormant, which means they are unenforceable. This doesn't mean the lien or judgement is released, it just means it that the parties involved can no longer lay claim against the property. The party who is named on the lien or judgement is still financially responsible for the liens.

9) Read all deeds, they contain mortgage info, second or even third mortgage info. They will typically also include any reservations. For those out west this is very important. In the title chain you could find that the mineral rights were retained way back in 1910 or the water rights were retained by the neighbors great grandfather. This could cause you to loose out on some necessary or profitable aspect of a property.

10) Run lien searches on any spouse, additional persons named in mortgages, all persons named in heirship affidavits, or on the tax rolls. Just because you didn't find something under Jameson A. Smith, doesn't mean a lien wasn't filed in his wife's name Betty I. Smith or his business partners Dewey Cheatum and Howe (a little three stooges humor for the old farts like myself).

11) If the owner lives in another state, check with their county records office as well. Some state require that liens be filed where the owner resides, not where the property is located. This will cause you to go through the process again, in some cases.

12) When dealing with western states like Texas, Oklahoma and such. A lot of the early land titles from the 1800s were filed with the United States Patent Office, and patents where issued instead of deeds. So don't forget to look here as well, if you need to go that far back.

I hope this helps, as I have found that thinking outside the box helps a lot whenever you are trying to protect your money. I have found that no two clerks will enter the data the same way, nor will they always list them correctly. I have actually found liens on properties that title companies have missed. Some to the tune of over $50,000. Let's just say that one upset a lot of people, because it was delinquent taxes and there were tons of interest and penalties.

Disclaimer: in no way is the above mentioned list a substitute for a title company, or legal advice. I do not act as either an attorney or as a title company. I only provide this information as a research service, and therefore cannot guarantee that all information above is inclusive as to an actual title companies full title search.