Best Way to Run an Owner/Title Search
Most Popular Reply
Joseph ScoreseBusiness Member
Banker · Philadelphia · Member since 2009 · 2k+ posts · 631 votesHi Ria,
As a first-lien lender, obtaining an updated title search is exactly the right next step.
I'd recommend ordering a current title search through a reputable Pennsylvania title company or real estate attorney. The search will identify the current owner of record, any mortgages, tax liens, judgments, municipal liens, mechanics' liens, easements, and other encumbrances that have been recorded since your loan originated. It will also confirm whether any additional liens may affect your foreclosure strategy.
If you're considering foreclosure, I'd also suggest having a litigation guarantee or foreclosure title report prepared. This identifies all parties with a recorded interest in the property who will need to be properly notified during the foreclosure process, helping to avoid delays later.
In the meantime, you can also review the Allegheny County Recorder of Deeds records online to see recently recorded documents, but I wouldn't rely on that alone. A professional title search is more comprehensive and gives you greater confidence before taking legal action.
Since this is a Pennsylvania default, coordinating with a foreclosure attorney early in the process is worthwhile. They can review the title work, confirm lien priority, and help you determine the most efficient path forward.
Best of luck—I hope you're able to get the matter resolved and protect your position as the first-lien holder.
14 Replies
- 2moJoseph CacciapagliaBusiness MemberLender · San Antonio, TX · Member since 2020 · 1k+ posts · 1k+ votes
I only own notes/mortgages in Texas, so it may be a little different there. Here I would typically ask my title company to do this. If you have a good relationship with a title company, they'll often do this for low or no cost. It's also something my attorney would do, if I had already engaged him to help with the foreclosure.
- 2moJoseph ScoreseBusiness MemberBanker · Philadelphia · Member since 2009 · 2k+ posts · 631 votes
Hi Ria,
As a first-lien lender, obtaining an updated title search is exactly the right next step.
I'd recommend ordering a current title search through a reputable Pennsylvania title company or real estate attorney. The search will identify the current owner of record, any mortgages, tax liens, judgments, municipal liens, mechanics' liens, easements, and other encumbrances that have been recorded since your loan originated. It will also confirm whether any additional liens may affect your foreclosure strategy.
If you're considering foreclosure, I'd also suggest having a litigation guarantee or foreclosure title report prepared. This identifies all parties with a recorded interest in the property who will need to be properly notified during the foreclosure process, helping to avoid delays later.
In the meantime, you can also review the Allegheny County Recorder of Deeds records online to see recently recorded documents, but I wouldn't rely on that alone. A professional title search is more comprehensive and gives you greater confidence before taking legal action.
Since this is a Pennsylvania default, coordinating with a foreclosure attorney early in the process is worthwhile. They can review the title work, confirm lien priority, and help you determine the most efficient path forward.
Best of luck—I hope you're able to get the matter resolved and protect your position as the first-lien holder.
- Mechanicsburg, PA · Member since 2013 · 3k+ posts · 2k+ votes2mo
@Ria Gupta Besides searching in PA the Recorder of Deeds. I also search the Prothonotary, which has lien, judgements, Federal Tax Liens, and other such documents other than Mortgages which are recorded in the Recorder of Deeds. I also search the Register of Wills to see if the person you seek is still alive and for good measure check the Clerk of Courts, which has records of criminal actions. Maybe your temmat is in jail, which keeps he/she from paying your debt. True story, I had a tenant, who ignored a warrant for his arrest. Finially the authorities came knocking on his door early one morning. He was arrested and hauled off to jail immediately nd used his 1 phone call to call me. He told me he was arrested and going to jail for 6 months, and his family would pay his rent and btw would I also empty his frig and freezer.
- Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes2moMan, I though I was educated but a "Prothonotary"? That does it for me. Congratulations. What the heck is that? Is that somehow related to a Pterodactyl. Good one.
Quote from @David Krulac:
@Ria Gupta Besides searching in PA the Recorder of Deeds. I also search the Prothonotary, which has lien, judgements, Federal Tax Liens, and other such documents other than Mortgages which are recorded in the Recorder of Deeds. I also search the Register of Wills to see if the person you seek is still alive and for good measure check the Clerk of Courts, which has records of criminal actions. Maybe your temmat is in jail, which keeps he/she from paying your debt. True story, I had a tenant, who ignored a warrant for his arrest. Finially the authorities came knocking on his door early one morning. He was arrested and hauled off to jail immediately nd used his 1 phone call to call me. He told me he was arrested and going to jail for 6 months, and his family would pay his rent and btw would I also empty his frig and freezer.
- Member since 2020 · 19 posts · 18 votes2mo
Hi @David Krulac, thank you for sharing these additional suggestions. I have been searching the Recorder of Deeds and Prothonotary records, but I hadn't considered checking the Register of Wills and Clerk of Courts.
In my case, the borrower/property owner is an LLC. The individuals behind the LLC appear to be active and well on social media. I originally invested with them through a real estate investment class, and the first two loans went smoothly. Unfortunately, with the third loan, communication stopped, and a 6-month loan has now been outstanding for a couple of years.
I also understand that I am not the only private lender who invested with them and is experiencing similar communication issues, so I am trying to do a thorough review of the situation.
Would you still recommend checking the Register of Wills in this situation, or is that mainly useful when there may be an estate issue?
Thanks again for taking the time to share your experience. I really appreciate the guidance!
- Mechanicsburg, PA · Member since 2013 · 3k+ posts · 2k+ votes2mo
@Ria Gupta if you know the personal names of the owners of the LLC, I would check Wills, its along shot. We've done a lot of people searching. Once we located somebody through Voter Registration. They didn't own any real estate but they were registered to vote, and was able to get a Quit Claim Deed from them.
- Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes2mo
Quote from @Ria Gupta:
Hello,
I'm looking for some guidance on a defaulted private loan in Pennsylvania.
I'm the first-lien lender on a property in Pittsburgh, PA. The loan has been in default for quite some time, and the borrowers have stopped responding. I had a Notice of Default sent, but I never received a response.
Based on advice from another investor, I'd like to run a current owner/title search to see what liens, mortgages, judgments, or other encumbrances are currently attached to the property before deciding on my next steps.
What is the best way to obtain this information? Can a title company provide it, or is there another service or professional you would recommend? If you've been through a similar situation in Pennsylvania, I'd really appreciate hearing what worked for you.
Thank you!
Ria
we use protitleusa to run our title reports. but if you already sent the proper legal letters, typically your attorney would run title prior to filing the complaint so that is the other option. One thing to note in PA is there are multiple tax departments so you want to make sure when you run it they are searching all the proper taxing authorities.
If you also need an attorney in the area, let me know.
7e investments53 Reviews - Mechanicsburg, PA · Member since 2013 · 3k+ posts · 2k+ votes2mo
@Ken M. In all Pennsylvania Counties there is a courthouse Office of the Prothonatary. This where all judgements, liens, Federal Tax Liens, UCC, liens on personal property and equipment are recorded as well as Mechanics Liens. Also civil lawsuits are recorded there. If you get a lien against a Tenant, that would be filed there as well. Mortgages are NOT recorded there as they are recorded in the Office of the Recorder of Deeds, where deeds and mortgages are recorded. At one time I had my office in a law office. I asked the owner if I could go out to the courthouses with his staff who did title searches. So I learned how to search titles and Prothonotary is one place you need to search in the title search process in Pennsylvania. In Wiki, A prothonotary is the "principal clerk of a court," Only Massachusetts, Kentucky, Virginia and Pennsylvania still have their Prothonotaries. In other states they may be called Clerk of Courts, which they have in Pennsylvania but it only handles criminal cases, wheras the Prothonotary handles only civil cases.
- Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes2moAh, a bit of history. Thanks for that. Out west we have "Clerk of Courts commonly called "court clerks".
Quote from @David Krulac:
@Ken M. In all Pennsylvania Counties there is a courthouse Office of the Prothonatary. This where all judgements, liens, Federal Tax Liens, UCC, liens on personal property and equipment are recorded as well as Mechanics Liens. Also civil lawsuits are recorded there. If you get a lien against a Tenant, that would be filed there as well. Mortgages are NOT recorded there as they are recorded in the Office of the Recorder of Deeds, where deeds and mortgages are recorded. At one time I had my office in a law office. I asked the owner if I could go out to the courthouses with his staff who did title searches. So I learned how to search titles and Prothonotary is one place you need to search in the title search process in Pennsylvania. In Wiki, A prothonotary is the "principal clerk of a court," Only Massachusetts, Kentucky, Virginia and Pennsylvania still have their Prothonotaries. In other states they may be called Clerk of Courts, which they have in Pennsylvania but it only handles criminal cases, wheras the Prothonotary handles only civil cases.
- Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes2moThat's too easy! Here, we have TWO different methods for recording property Titles. The "Regular" system and the "Land Court" or "Torrens" system. Some parcels have interests recorded in both systems. Transfers must carefully address the correct interest(s) in the correct system based on the legal description and prior records.
Quote from @Ken M.:
Ah, a bit of history. Thanks for that. Out west we have "Clerk of Courts commonly called "court clerks".Quote from @David Krulac:
@Ken M. In all Pennsylvania Counties there is a courthouse Office of the Prothonatary. This where all judgements, liens, Federal Tax Liens, UCC, liens on personal property and equipment are recorded as well as Mechanics Liens. Also civil lawsuits are recorded there. If you get a lien against a Tenant, that would be filed there as well. Mortgages are NOT recorded there as they are recorded in the Office of the Recorder of Deeds, where deeds and mortgages are recorded. At one time I had my office in a law office. I asked the owner if I could go out to the courthouses with his staff who did title searches. So I learned how to search titles and Prothonotary is one place you need to search in the title search process in Pennsylvania. In Wiki, A prothonotary is the "principal clerk of a court," Only Massachusetts, Kentucky, Virginia and Pennsylvania still have their Prothonotaries. In other states they may be called Clerk of Courts, which they have in Pennsylvania but it only handles criminal cases, wheras the Prothonotary handles only civil cases.
- Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes2mo'Splody heads! What a state!
Quote from @Richard F.:
That's too easy! Here, we have TWO different methods for recording property Titles. The "Regular" system and the "Land Court" or "Torrens" system. Some parcels have interests recorded in both systems. Transfers must carefully address the correct interest(s) in the correct system based on the legal description and prior records.Quote from @Ken M.:
Ah, a bit of history. Thanks for that. Out west we have "Clerk of Courts commonly called "court clerks".Quote from @David Krulac:
@Ken M. In all Pennsylvania Counties there is a courthouse Office of the Prothonatary. This where all judgements, liens, Federal Tax Liens, UCC, liens on personal property and equipment are recorded as well as Mechanics Liens. Also civil lawsuits are recorded there. If you get a lien against a Tenant, that would be filed there as well. Mortgages are NOT recorded there as they are recorded in the Office of the Recorder of Deeds, where deeds and mortgages are recorded. At one time I had my office in a law office. I asked the owner if I could go out to the courthouses with his staff who did title searches. So I learned how to search titles and Prothonotary is one place you need to search in the title search process in Pennsylvania. In Wiki, A prothonotary is the "principal clerk of a court," Only Massachusetts, Kentucky, Virginia and Pennsylvania still have their Prothonotaries. In other states they may be called Clerk of Courts, which they have in Pennsylvania but it only handles criminal cases, wheras the Prothonotary handles only civil cases.
- 2moJohn UnderwoodPro MemberInvestor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
I just do my own by searching the register of deeds site against the property and see what all is filed.
- Member since 2020 · 19 posts · 18 votes2mo
Hi @Joseph Scorese,
Thank you for the detailed and thoughtful response. I really appreciate you taking the time to explain the difference between a standard title search and a litigation guarantee. I agree that ordering a title search would be a good start, followed by litigation guarantee.
One question: do you have any recommendations for finding a reputable Pennsylvania title company or a real estate attorney who regularly represents private lenders? Since I'm not local to Pittsburgh, I'd appreciate any suggestions on how to find someone experienced and trustworthy.
Thanks again for sharing your expertise.
Ria
- Member since 2020 · 19 posts · 18 votes2mo
Hi @Chris Seveney,
Thank you for the helpful information. That's good to know about the different taxing authorities in Pennsylvania.
I would definitely appreciate a recommendation for an attorney in the Pittsburgh area who has experience representing private lenders in foreclosure matters. Since I'm not local, a referral would be incredibly helpful.
Thanks again!
Ria
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