Quick Answer
A title search looks for information about ownership, the chain of title, recorded mortgages and deeds of trust, releases, tax liens, judgments, mechanic's liens, easements, restrictions, covenants, probate matters, divorce or marital interests, legal descriptions, and any other recorded claims or documents affecting the property.
A title search examines public records to find anything that could affect the ownership or value of a property. Here is a detailed look at what the search covers.
Ownership and Deeds
The title search traces the chain of ownership through recorded deeds. This includes:
- Warranty deeds, special warranty deeds, and quitclaim deeds
- Grant deeds and other transfer documents
- Whether the chain of title is complete with no gaps
- Whether all signatures and notarizations are proper
Mortgages and Deeds of Trust
The search looks for all recorded mortgages or deeds of trust against the property. These must be paid off and released at or before closing. An old unreleased mortgage can create a cloud on title until properly addressed.
Releases
When a mortgage is paid off, a release should be recorded. The title search checks whether all paid loans have corresponding releases on record. An unreleased mortgage can appear as an encumbrance even if the loan was paid.
Tax Liens
Federal, state, and local tax liens can attach to real property. The search looks for unpaid tax liens from the IRS, state tax authorities, and local property taxes. Unpaid tax liens can prevent clear title.
Judgments
Court judgments against the property owner can become liens on the property. The search looks for any unsatisfied judgments in the county and state where the property is located.
Mechanic's Liens
Contractors and suppliers who were not paid for work on the property can file mechanic's liens. These must be resolved before or at closing.
Easements
Easements give someone else the right to use part of the property for a specific purpose, such as utility access or a shared driveway. The search identifies all recorded easements.
Restrictions and Covenants
Subdivision restrictions, homeowners association covenants, and other limitations on use are found in recorded documents. These can affect what you can do with the property.
Probate
If a previous owner died, the property may have passed through probate. The search checks whether the probate was properly completed and the property correctly transferred.
Divorce or Marital Interests
A former spouse may still have a claim on the property if the divorce decree did not properly address the real estate. The search looks for these issues.
Legal Description
The search verifies that the legal description of the property is accurate and consistent across all documents.
Recorded Claims
Any other recorded documents that could affect the property are examined, including options to purchase, rights of first refusal, and lis pendens (notice of pending litigation).
Does Finding Something Mean the Property Is Bad?
Not necessarily. Many things found in a title search are normal and can be resolved. An old mortgage that was paid but never released can be cleared. An easement for a utility line is common. The key is understanding what was found and addressing it properly. Learn what happens when a title search finds a problem.
Key Takeaway
A title search is comprehensive and searches for ownership, liens, judgments, easements, restrictions, probate, marital interests, and more. Finding something in the search does not mean the deal is dead. It means the issue needs to be addressed before closing.
FAQs
Does a title search find everything?
No search is perfect. Some issues may not appear in public records, such as unrecorded easements, forged documents, or heirs who have not yet come forward. That is why title insurance exists. Learn what title insurance covers.
How far back does the title search go?
The search period varies by state law, title standards, and the transaction. Read about how far back a title search goes for the full explanation.