Property Title Search

Current Owner Search

  • What it is: This is the most common and basic type of title search. It focuses on the current ownership of a property. An abstractor will trace the property’s history from the present day back to the last recorded deed where ownership changed.
  • What it reveals: It’s designed to identify any liens, mortgages, judgments, or other encumbrances that were placed on the property during the current owner’s tenure. It also confirms the legal description and vesting information.
  • When it’s used: This is typically performed for refinance transactions, home equity loans (HELOCs), or to satisfy the due diligence requirements of a short sale or foreclosure.

Two-Owner Search

  • What it is: A step up from the Current Owner Search, this product traces the title back to the prior owner’s deed.
  • What it reveals: It provides a slightly deeper look into the property’s history by checking for any issues that may have been missed or not properly cleared between the last two ownership transfers. It includes all the information from a Current Owner Search but, goes one step further.
  • When it’s used: This is often a requirement for certain types of mortgage loans or when the transaction involves a recent sale. It is a common product for foreclosure properties.

Full Search (30 or 40-Year Search)

  • What it is: This is the “gold standard” of title searches. A full search involves a comprehensive, historical review of the property’s title, typically going back 30, 40, or even 50 years, or to the date of a valid plat or subdivision.
  • What it reveals: This type of search uncovers a complete chain of title, revealing every recorded ownership change, lien, and encumbrance over the specified period. It is designed to catch any hidden or ancient title defects that might affect ownership.
  • When it’s used: This is a standard requirement for most new home purchases, especially for the issuance of title insurance. It provides the most thorough due diligence for a high-stakes transaction.

Judgment and Lien Search

  • What it is: A targeted search that focuses specifically on identifying legal claims against the property or the current owner.
  • What it reveals: It checks for involuntary encumbrances, such as Federal Tax Liens, State Tax Liens, HOA liens, and court-ordered judgments against a specific individual’s name.
  • When it’s used: This is often requested as a stand-alone service to vet a potential borrower or to confirm that no new liens have been placed on a property just prior to closing.

Document Retrieval

  • What it is: A simple, on-demand service to get a copy of a specific, recorded document.
  • What it reveals: It provides the client with a copy of a particular deed, mortgage, lien, or other public record.
  • When it’s used: This is a service for clients who know exactly what document they need and just require a copy, such as a mortgage satisfaction, a deed of trust, or a new easement.

10-Year and 20-Year Title Reports

These are a subset of a Full Search, where the search is limited to a specific time frame, typically 10 or 20 years.

    • Purpose: The time frame is often specified by a lender or attorney who requires a historical snapshot, but not a full, 30- or 40-year search. They’re a cost-effective alternative to a full search when the property’s history is presumed to be clear for the time prior to the search period.
    • What they reveal: They provide a chain of title for the specified period, including all deeds, mortgages, and liens recorded within those 10 or 20 years.

Legal & Vesting with Mortgages

  • Legal Description: This is a very precise description of the property’s boundaries, often based on a survey or plat map. It’s the legal way to identify a property, as opposed to a street address.
  • Vesting: This refers to how the title is held, which determines the rights and obligations of the owner(s) and how the property can be transferred or inherited. Common types include sole ownership, joint tenancy, or tenancy in common.
  • Mortgages: This section details all recorded mortgages and deeds of trust on the property.
  • Purpose: This report is crucial for real estate transactions to confirm that the person selling or refinancing the property has the legal right to do so and to see all active liens.

Mortgage Only Search

  • Purpose: This is a highly targeted search that only looks for recorded mortgages or deeds of trust on a property. It’s often used by lenders who want to quickly confirm the lien status of a property, particularly for a short sale or foreclosure.
  • What it reveals: It provides details on any open mortgages, including the names of the borrowers and the lenders, the original loan amount, and the recording dates. It will not, however, reveal judgments, tax liens, or other non-mortgage encumbrances.

Assignment Search

  • What it is: A search for recorded assignments of mortgage documents.
  • What it reveals: When a mortgage is sold from one bank to another, an assignment document is recorded to transfer the lien. An assignment search traces the ownership of the mortgage itself. This is vital to determine the current legal holder of the mortgage.
  • Purpose: This is essential in a foreclosure to ensure the party bringing the foreclosure action has the legal standing to do so. It is also a key component of a full title search to confirm that all past and present mortgages have been properly documented.

A foreclosure search, or FC search, is a specialized type of title search that focuses on legal filings and public records to determine if a property is in any stage of the foreclosure process. It is a critical search for lenders and investors who are considering purchasing a property that is in default or has a history of foreclosure.

Here’s what it typically involves:

    • Public Records: The search examines county and court records for documents related to the foreclosure, such as a Notice of Default (NOD) or a Notice of Trustee’s Sale.
    • Encumbrances: It looks for all liens on the property, including the mortgage lien that is being foreclosed, as well as any other liens that may take priority, such as unpaid property taxes or mechanic’s liens.
    • Legal Proceedings: The search confirms if the foreclosure action was properly initiated and if all legal requirements have been met.

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