Title Insurance

contact an underwriter, OLD Republic NJ is who I suggest...

If you can't find the previous owner to execute a corrective and confirmatory deed then you must bring a Quiet Title action in a court of equity and obtain a judgment. Only a court order can clear the title.

You should check to see if you paid for a certification of title or an owner's title insurance policy when you purchased the property. If you paid for professional representation at the time of your purchase perhaps they are responsible for clearing the title. Title coverage that insures over the defect is not a cure. It's a band-aid.

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Title companies examine the records under the owner's name of the particular property in order to review anything and everything that owner did that affected the real estate during their ownership.

A real estate title rep is an agent for a title insurance company who deals with the law offices and title companies that sell title insurance policies. The person who examines the record title of a property is called a title examiner.

You are paying up front for a title search at the time of your sale.

The present owner may have liens or judgements on the property and you need to know that they are cleared from the title or it will affect you down the road. Also, they review easements, fences and other basics of your property that may have been encroached on in the intervening time between sales. Basically, he has to pay up judgements/liens before or at the time of closing.

Both. The purchaser benefits in knowing that the property title has been researched and will be stood behind to cover losses and legal costs to protect you property title. The seller benefits in the same way, being that as long as you are not the type to try to defraud someone by selling property you don't own without question, you don't have to worry about the buyer taking you to court and running you into bankruptcy. If, however you aren't absolutely certain you have free and clear title, understand that should the title insurance company have a loss for something you knew about or should have known about, that you will be sued by them and will pay all their losses and legal costs.

This depends on the severity of a criminal record. A felony could stop you from obtaining this license. Other offenses may not have an effect.

You acquired title as long as the seller owned the property and there was no lien or notice of violation prior to your taking title. If a notice of violation was missed by the title examination, the attorney who represented you at your time of purchase may be responsible for resolving the issue. However, if the problem has been disclosed since your purchase, it may be your responsibility to address it, but you haven't provided any details.

You need to contact the attorney who represented you in the purchase. There may be a cloud on the title but an attorney must determine what, if anything, you must do to resolve the problem. If it is determined that there is a problem, then you do not have "clear title" and you must take steps to clear the title before you can sell or mortgage your property.

You may have a title insurance policy that will pay the costs of resolving the issue. If not, you may be responsible for the legal costs. The attorney can advise you after reviewing the details. If an attorney didn't represent you at your time of purchase, you need to consult with an attorney who specializes in real estate law now.

== == As for laws and regulations, visit the GA Department of Insurance website. Performing the search depends on the county you are doing the search in, they may have the records available electronically and on-line. If you are looking for a "handbook" on how to search title, a title searcher/examiner is not something that is simply learned overnight. Abstracting is complex and needs to be thorough since the search is the backbone of the title insurance. If a searcher misses a chain of title, defect, judgment, etc. then that error can effect the insurablity of title. Most searchers new to the industry work with a seasoned professional to mentor them through the process until they gain sufficient experience to be accepted by an agency.

That would refer to recording services- recording the documents in the land records.

ATLAS Settlement, LLC located in Pittsburgh PA assists with residential and commercial real estate title insurance and closing services. ATLAS Settlement offers the highest quality professional services with regards to all facets of your Real Estate transaction, from drafting instruments of conveyances and issuing the title insurance policies to full document preparation and representation from contract to closing. ATLAS Settlement LLC's website is www.atlassettlement.com

A Planned Unit Development (PUD)is typically a planned community, but not necessarily generally a condominium community. If a title agency did the title work and missed any pertinent information that could cause a loss of value to the property or marketability of the property, you may have a claim. However, if it was disclosed to the buyer in the sales contract that the home/property was located in a PUD, it would be hard to file a claim of loss against the title agency, since you knew it was an established community of some sort or it was implied. ie. "Welcome to Silver Springs Community" on the entrance sign when you drive up. Additionally, if the borrower was told that they would have to be approved for membership or pay fees to a homeowner's assocation in conjunction with purchasing the property as a non-elective, it is "implied" that the property is not located in a non-community organized neighborhood. In order to file a claim, there has to be a loss. A loss of value, a loss of marketability, etc. You should contact an attorney for their legal opinion on it. Personally, I don't see where purchasing a property in a PUD would adversely affect the title or the marketability. And, I can't imagine that there wasn't a pre-determined or "implied" factor that the property was part of an established association/community prior to purchase.

Monies may have been earmarked for assessments as part of the sale transaction. If you believe that such monies were earmarked and the assessments were not paid from the monies involved in the sale, you can notify the Title Company with your evidence and request that the assessment monies be sent to the HOA offices.

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Become an expert on property and probate law.

1992

The answer depends on the nature of the legal representation you requested from the attorney. If they "certified" the title then you definitely have a claim. If you purchased title insurance as part of the transaction then you can make a claim. You should speak with an attorney out of the immediate area who specializes in real estate who can review the situation.

If you purchased an owner's title insurance policy and now you find the deed that conveyed the property to you was fraudulent you should make a claim against the title insurance AND against the malpractice insurance of the attorney who represented you when you purchased the property. Someone didn't do their job.

Typical title defects result from liens and encumbrances on a property related to unpaid taxes, land use and zoning restrictions, unsettled contractor disputes for work done on the property, and unrecorded deeds.

Owners pay HOA assessments, in monthly or in annual payments. These payments are the revenue source for the operation of the community.

Past-due assessments in escrow may be paid to satisfy a lien.

A title search or examination will uncover any outstanding judgments, mortgages, taxes, assessments, charges, or other liens which may encumber or adversely affect the property's title. It documents the status of the titleto insure that the person or entity selling a property has the legal right to do so. It will also reveal any restrictions on the property as well as any recorded easements.

However, the title examination can reveal more serious problems that may constitute a cloud on the title. That can bring a closing to a screeching halt until the defect is resolved. Consider the following:

Many serious title defects can arise when land remains in one family for decades. Owners die and leave various heirs. They die and each leave spouses and children, and so on. The examiner must be well acquainted with probate law to follow a title through a long line of probated estates, especially when some were not probated at all. In some cases there are missing interests revealed in a comprehensive title exam.
Many lawyers don't know that they need a court order in some jurisdictions to sell real estate from an estate. They draft a deed from the estate fiduciary and later a good title examiner discovers the deed is not valid. Other errors are made by inexperienced lawyers and title 'searchers' who don't know what happens to interest in real estate held in various types of co-ownership when owners die.

Trusts can cause serious problems and often do. Many trusts are invalid and so the deeds from their trustees are also invalid. You must know trust law to determine if a trust and deed are legal and effective. If a trust fails and the trustor dies then her estate must be probated. Sometimes an owner transfers property to a trust and the trust document doesn't contain the power for the trustee to sell the real estate. You need a court order in that case.

A title examiner may find the land has no legal access or a utility company has an unused 100 foot wide right-of-way that runs right through the house (the house has to be moved). A family may have bought a ten acre parcel not knowing a gas pipeline easement ran right under it near the road, where they were planning to build the house and barn. A buyer may have signed a Purchase and Sales Agreement for thirty acres on a river to start a flower farm. The title exam may then reveal there is actually only 10 acres because the seller doesn't own the other twenty.

One owner decided to sell his house a couple of years ago. The title examination revealed that 17 years ago he thought that he purchased a double lot with a two family house on one lot and that's what he paid for. The title examiner for the new buyer determined that only the vacant lot was described in the current owner's deed, not the lot with the house on it. The lawyer who drafted that deed has died. The grantor in the deed has died and his heirs want to be paid for the house now that they have discovered the situation. The current owner thought he owned the house. He had paid off the mortgage and was going to move to Florida. He had even refinanced a few years ago. It will cost that man at least $15,000 to clear his title through a long court proceeding. He lost the sale, property prices have depreciated and the market is dead. He didn't have title insurance because it had been a cheap closing 17 years ago done by a non-practicing lawyer friend.

There are hundreds of potential problems that an inexperienced title 'searcher' won't see, especially from a distance and online. Title defects that have been missed numerous times, over a period of years, are often found only by a professional title examiner and it's happening more and more frequently. Buyers hate to pay for a title examination. The quick turn-around title companies, in their need to provide quick and inexpensive services only do a cursory search, thinking that the title has already been "searched" many times in the past so it must be okay.

The grantee in the deed is the owner of the property. If you are not mentioned in the deed you are not an owner.