Use a structured title-search review to compare ownership, liens, easements, and legal descriptions with a real estate contract.
Key takeaways
- A title search is a source of facts and exceptions, not a substitute for a title professional's commitment or opinion.
- Start with identity
- Review factual records and escalate legal questions to a qualified professional.
Match the record owner, vesting, parcel identifier, legal description, and property address to the contract. In an estate matter, compare the record owner with probate or trust records.
Capture exceptions
Log mortgages, liens, judgments, easements, restrictions, covenants, leases, tax issues, probate filings, and unreleased interests. Record instrument numbers and dates when available.
Connect to contract duties
Map each exception to title deadlines, required releases, permitted exceptions, closing conditions, and responsible parties. Flag anything not addressed by the agreement.
Handoff
Provide the source title materials, comparison table, exception log, and questions. Keep conclusions about insurability, marketability, priority, and remedies with the title or legal professional.
Sources and limitations
Title practice and recording rules vary. This educational workflow does not provide title, legal, or insurance advice.
undefined
Sources and limitations
Rules vary by state, document, and transaction. A qualified attorney or other appropriate professional should address legal interpretation, enforceability, tax, title, fiduciary, and recording questions before anyone relies on or changes an agreement.