Chain of Title
This is simply a history of
the ownership of a particular piece of property. Showing who bought it and sold
it, and when. The information may be derived from public records, mostly
the Register of Deeds offices and County Clerks Office, or obtained from title
plants privately owned and maintained by title companies.
Tax Search
This is a search to determine
the present status of general real estate taxes against the property. The
tax search will reveal if taxes are current or whether any taxes are past due
and unpaid from previous years. In addition, the tax search will indicate
the existence of any special assessments against the land and, if so, whether
or not these assessments are current or past due.
A due and unpaid tax or
special assessment is a prior lien or claim on the property above all
others. If a buyer purchases property with unpaid and past due taxes or
assessments against it, he or she is likely to find a government body, the
village, county or state placing the property up for sale to pay those taxes or
assessments. A tax search reveals the status of the taxes. Title
insurance protects the buyer against loss from unpaid and past due taxes and
assessments.
Name Searches
One of the most important
parts of the title search is to determine if there are any unsatisfied
judgments against the seller or previous owners which were in existence while
they owned the title. A judgment is a general lien against the debtor's
real estate and constitutes security for any money owed under the judgment.
It is extremely important to
be sure that a title is not subject to judgments against the seller or previous
owners. Title insurance provides this protection. Rights
established by judgment decrees, unpaid federal income taxed, and mechanic's
liens all may be prior claims on the property, ahead of the buyer's or lender's
rights. If a judgment is discovered that constitutes a defect in the
title, it is pointed out, and the seller must then eliminate it before the
title of the new buyer can be insured free and clear of that judgment.
Commitment to insure
When these searches have been
completed, the title company issues a commitment to insure, stating the
conditions/requirements under which it will insure the title. The buyer
and seller and the mortgage lender can proceed with the closing of the
transaction after clearing up any defects in the title which may have been
uncovered by the search and examination.
The mortgage lender is as
concerned as the buyer about the quality of the title because the property is
to be security for the new mortgage loan. The mortgage lender requires
assurance that it has a valid first (or
another acceptable priority) mortgage lien on the property.
The lender's title insurance,
however, doesn't protect the new buyer of the property. Although the land
is the same, the interest of the buyer and the interest of the lender are very
different. The provisions of a lender's title insurance policy are very
different from those of a buyer's policy, so the buyer should obtain his own
policy, often issued simultaneously with the lender's policy.