5 Things That Can Come Up In a Title Search (and Why You Want Arrowhead By Your Side)
When purchasing a property, the buyer (and lender) want to KNOW that the seller has full legal right to sell the property. A title search is important because it can uncover issues that could affect the transfer of ownership of a property. The purpose of the title search is to discover and hopefully correct any defects or limitations attached to the property that could affect how the property can be used or that will lower its valuation. Of all the due diligence a buyer has during the real estate transaction, the title search and title insurance policy may be the most important. In this blog, we will talk about some of the most common things that could come up in a title search.
1) Errors in public record.
Filing errors or clerical errors can occur with local government. For example, a previous sale of the home may not have been properly recorded. This can call into question the validity of the title. But with records tracing, the error can be found and corrected by a good title company at the Lake of the Ozarks.
2) Outstanding liens.
There are a number of ways a lien can be attached to a property, and no buyer wants to be liable for someone else’s financial liability. There may be an unpaid mortgage (or one not recorded as paid) using the property as collateral. There could be a mechanic’s lien for contracted work on the house, there could be a tax lien from unpaid taxes, or even a marital lien if the home is used to secure e.g. child support payments in the future. Those liens will need to be recorded as satisfied to ensure the buyer will have clear title to the property they are purchasing.
3) Falsified documents.
Sometimes people will use false documents to try to take property that they do not own. If those false documents get recorded in public record, it can be hard to discover the true owner of the property. If something such as identity theft or a forged title is found, that discrepancy must be resolved before the sale can go through. Arrowhead Title can help.
When there are multiple heirs, liens from nursing homes, a lack of wills, and other circumstances that make title ownership cloudy, It may mean that the property cannot legally be sold until those are cleared up. If an unknown heir or newly discovered estate plan comes up, you will want an experienced title company at the Lake of the Ozarks to handle it and issue your title insurance policy.
5) Building code violations.
Sometimes a property owner may be in the process of selling their house before they find out the builder did not meet code when constructing the home. If there are uncorrected building code violations, it can affect the title and ability to sell the property. Some violations can be minor, but others can be devastating if not discovered and corrected before the home is sold. That is just one more reason why a title search is so important.
Arrowhead Title has been serving the lake area since 1984 and we know the type of encumbrances that can come up in title search at the Lake of the Ozarks. We are skilled at finding and correcting those issues and we are proud of being a trusted real estate professional at the Lake of the Ozarks for all of our clients. When you are ready to buy or sell real estate at the Lake of the Ozarks, we are here to help you all the way to and through closing. Because at Arrowhead Title, we know that accuracy really does matter!