Are You Ready for Title Search Issues?

A title search is an important element in your home-buying process. To put it simply, a title search is a process that, through the examination of public records, definitively shows that the person who is selling you the property actually has the right to do so, and that you, the buyer, are getting all the rights to the property for which you are paying. This process may seem to be pretty straightforward, but unfortunately, there are some issues that frequently appear during a title search.

In this article, we will explain the 5 most common issues that show up during a title search so you know what to look out for during your own title search.

1. Public Record Errors

As millions of surveys, deeds, and various other important documents are filed each year, the chance of a mistake occurring somewhere within these records is not impossible. Even though most public records are completely accurate, a simple error such as misspelling a word or incorrectly writing down a phone number or address can happen from time to time. Make sure that the public records are read and checked over very carefully to eliminate any potential problems.

2. Unfamiliar – or Uninformed – Heirs

If the previous owner of the home you are purchasing has passed away, there is a chance you may be purchasing the home from his or her heirs. In this event, it is important to double check that every single heir has been notified that the home has been sold and there will be a new owner (you). If, for some reason, one of the heirs was never told about the transaction, he or she may still legally have some rights to the home you purchased, even after you’ve moved in. And really, who wants that?!

3. Unlawful Deeds

New homeowners are so excited about their new adventure that the thought of just having purchased an illegal deed usually never even crosses their minds. Unfortunately, the distribution of unlawful deeds is something that happens regularly. Say that, for example, the deed to your newly acquired property was previously held by someone who was illegally living in the United States – this is going to create some problems for you. Although this particular example falls on the larger end of the scale, there are all kinds of little things that can create problems for you too. Even a detail as simple as someone stating they were single when really they were married is enough to raise some eyebrows. We recommend having a lawyer look over your deed to make sure everything is legal and that there are no alarming issues. We are here to help you! Call us at (305) 921-0440 to set up an appointment.

4. Liens on the Property

A lien is a notice that accompanies your property and shows that you owe money to a creditor. When purchasing a home, the most common lien that comes to mind is the one associated with your mortgage. However, possible outstanding liens from the previous owner can also affect you. Usually, you’ll encounter these types of situations if you’ve purchased a home that was sold under some form of distress, such as foreclosure. Keep an eye out for this so that the burden of the previous owner’s debts doesn’t fall on you!

5. Disputed Boundaries

Title searches will uncover old surveys and boundary restrictions that were done by either the previous homeowners or their neighbors. You may have had your own survey done before deciding to buy the property, and that’s great, but it’s still in your best interest to learn about any possible boundary disputes before moving into your new home. Although many boundary disputes are usually over small amounts of land, dealing with them can still be very difficult and annoying. We recommend solving any boundary disputes prior to purchasing the property so you can avoid unnecessary issues down the line.

As you can see, title searches aren’t as cut and dry as they may seem. It’s important to know all the facts when purchasing a property, and seeking legal advice is definitely a good idea. Here at Jurado & Farshchian, P.L., we specialize in Real Estate Law and would love to use our knowledge to help you.