What Does a Real Estate Title Search Do?

Sutton Law Group • Mar 21, 2021
Beautiful house — S. Miami, FL — Sutton Law Group

Anyone who has been through the process of making a real estate transaction knows how difficult it can be. Every time you think that you are in the clear, another hurdle can pop up that you have to deal with. This is certainly true of both selling and purchasing, no matter if it is a new home or a commercial property. One of the most important processes that happens when you are ready to move towards closing is the title search.

The property title defines who has legal ownership of the property in question. In a real estate transaction, the seller holds the property title and the buyer will take it over once the transaction is finalized. The issue with the process is that the property title is not always one hundred percent accurate. It may be missing updated information on the property, or not accounting for its entire history.


This is where the title search comes into play. A title search is a comprehensive look at every document that has ever concerned the property in question. It is completed by the real estate attorney working with you during the transaction. They are searching for any unaccounted-for issues that might call the ownership of the property into question. A title search is always in the buyer’s best interests, because if the seller does not actually possess full ownership of the property, then neither will the buyer after the transaction is complete.


The title search could find a number of things. The most common issue is outstanding liens against the property. These could be for unpaid contract work on the house, unpaid IRS taxes on the property, or even unpaid Home Owner Association fees. They may not even be from the current owner, but from several owners back. If the property has any of these outstanding unpaid fees against it, it can be argued that someone still owed money still owns a piece of the property.


Another common issue is ownership disputes over the property. In certain cases, the seller you are working with could turn out to be a renter. A title search may also reveal that the house is actually co-owned by a sibling or spouse, maybe as a result of being left to someone after the original owner’s death. If you only have one of the owners sign the property over to you, then the other owner still has a claim to the property.


Getting a title search is one of the most important processes in the real estate transaction process. Even if it seems unimportant, title search results account for ten percent of all delays in the transaction process. You don’t want any surprises. For a reliable real estate attorney who will leave no stone unturned, contact Sutton Law Group today. We’re here where and when you need us!

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