Title Search and Dispute Resolution
This playbook provides a step-by-step guide to conducting a detailed title search and techniques to resolve any detected issues such as liens, encumbrances, and title defects.
Step 1: Preparation
Gather necessary documents including current property title, property details, and legal descriptions. Obtain access to public records and ensure you have the tools required for the search.
Step 2: Search
Conduct the title search by examining public records from multiple sources including county clerk's office, tax records, and previous deeds. Look for any changes in ownership, outstanding mortgages, wills, and any other documents affecting the title.
Step 3: Analysis
Analyze the results of the title search for any irregularities, discrepancies or legal issues such as unpaid liens, undisclosed easements, or boundary disputes.
Step 4: Report
Prepare a detailed report summarizing the findings of the title search, highlighting any issues detected that could affect the client's interests in the property.
Step 5: Resolution
Work collaboratively with relevant parties including property owners, creditors, and legal advisors to address and resolve any discovered disputes or encumbrances.
Step 6: Verification
Verify that all resolutions are legally sound and that all documentation is filed and updated appropriately to reflect the changes in the property's title.
General Notes
Legal Assistance
Consider consulting with a real estate attorney to ensure compliance with local and federal laws, and to navigate any complex legal disputes.
Title Insurance
Advise the client on the benefits of obtaining title insurance to protect against future claims or undiscovered title issues.