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Your home is likely the largest purchase you’ll ever make. Spending hundreds of thousands of dollars on something, only to find that the seller didn’t have the right to sell it to you, sounds like a nightmare.
This nightmare, though unlikely, is something that happens. That’s why it’s important to make sure any home you buy has a clear title. Without clear title, you won’t be able to get a mortgage or home insurance. Even if you somehow complete the transaction, without clear title, you might lose your new home or at the very least find yourself awash in claims and courts.
What is a clear title?
A clear title, also known as a “clean title,” is a property title that is free from liens or additional issues that could jeopardize ownership, such as boundary disputes (encroachments) or easem*nts. With a clear title, there’s no doubt who the owner of the property is, or who can claim legal ownership of the property.
To get a mortgage, lenders require a thorough search through local property records to ensure the title is clear.
How to check for a clear title on a property
As a homebuyer or seller, you can visit your local property records office or do an online search for the property’s title history. This will tell you what’s in the official records, but it won’t tell you what isn’t there — and there may be other records that’ll need to be checked, as well, such as building permits and zoning rules, which can limit property rights.
When getting a mortgage, your lender will work with a closing agent, such as an attorney, title company or escrow agency, to conduct a title search. Often, borrowers are asked to pay a fee for this search as part of the loan’s closing costs.
Issues with the title and how to resolve them
Given that property ownership is documented in local records offices, it might seem as though there should be few, if any, title defects. What can be wrong with a property title? First American Title Insurance Company, one of the largest in the U.S., has a list of some 70 possible defects, including:
- A forged deed
- An undisclosed divorce
- Undisclosed tax liens
- A disputed will
- Mechanic’s liens
- Zoning violations
While they’re not common, if the title search uncovers an issue (or if it doesn’t, but one comes up later), there can be considerable legal costs. This is where title insurance comes in.
Your lender will require the purchase of lender’s title insurance, which protects the lender and covers up to the value of the mortgage if a defect is found. You may also be required to purchase owner’s title insurance to protect yourself, which covers up to the home’s purchase price.
With an owner’s title insurance policy, the title insurance company will pay any outstanding loan balance as well as your equity up to the purchase price in the event of a successful claim of ownership by another party. You can also get an inflation rider so that if the value of the property increases, so does the amount of coverage (up to a certain point).
Keep in mind that the cost of title insurance can vary considerably. In some areas, title insurance costs are set by state regulators, while elsewhere it can pay to shop around. When comparing your options, always ask for the “reissue rate,” which is a discounted rate that may be available in situations when the property was recently sold or refinanced.
Remember, too, that while title insurance policies cover a lot of potential issues, they don’t cover all of them. If an issue does come up, it’s best to speak with an attorney who specializes in real estate matters to resolve any questions before you buy.
Frequently asked questions about clear title
In real estate, clear title and clean title are used interchangeably to refer to a home title that is free for liens or other issues.
Yes, it’s possible to buy a home without clear title, but it is harder and incredibly risky. You won’t be able to get a loan or buy homeowners insurance and you have to pay huge costs to remove liens or ultimately lose the home.
I'm an expert in real estate and property law, and my in-depth knowledge in this field allows me to shed light on the critical concept discussed in the article. The article addresses the importance of a clear title when purchasing a home, emphasizing the potential risks associated with a title that is not free from liens or other issues.
A clear title, often referred to as a "clean title," signifies a property title that is devoid of encumbrances, such as liens, boundary disputes (encroachments), or easem*nts. This legal status ensures that there is no ambiguity regarding property ownership, and it establishes who holds the legal rights to the property. As an enthusiast in this domain, I can affirm that obtaining a mortgage or homeowners insurance is contingent upon having a clear title.
To verify the clarity of a property title, the article suggests visiting the local property records office or conducting an online search for the property's title history. However, it highlights a crucial point—these searches might not reveal everything. Additional records, such as building permits and zoning rules, may need to be checked to comprehensively assess property rights.
The article wisely points out that when obtaining a mortgage, lenders employ a closing agent, such as an attorney, title company, or escrow agency, to conduct a thorough title search. This process involves scrutinizing local property records to ensure the title is free from defects.
The article identifies various potential defects in a property title, as outlined by First American Title Insurance Company. These include a forged deed, undisclosed divorce, tax liens, disputed wills, mechanic's liens, and zoning violations. While these defects are not common, the legal costs associated with addressing them can be substantial.
To mitigate these risks, the article introduces the concept of title insurance. Lenders typically require the purchase of lender's title insurance, which protects the lender up to the mortgage value in case of a defect. Additionally, homebuyers may opt to purchase owner's title insurance, covering up to the home's purchase price and safeguarding against claims of ownership by other parties.
Importantly, the article acknowledges that title insurance does not cover all potential issues. In case an issue arises, the advice is to consult with a real estate attorney to resolve any questions before completing the purchase.
The article concludes with a reminder that the cost of title insurance can vary, and it's essential to inquire about the "reissue rate" when comparing options. Additionally, it emphasizes the importance of seeking legal advice when facing title-related uncertainties.
In summary, the article provides comprehensive guidance on the significance of a clear title, the potential defects that might arise, and the protective measures, such as title insurance, to safeguard against these risks in real estate transactions.
