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What is a title search and why it matters

On Behalf of | Dec 27, 2024 | Real Estate Law

Hidden surprises are great for birthday parties but not so much for real estate. Imagine investing your hard-earned savings into your dream home, only to find out later that someone else claims ownership. This nightmare scenario, while rare, highlights the crucial role of a title search in real estate transactions.

Title searches are an essential part of real estate transactions

A title search involves a detailed review of public records to verify the legal ownership of a property. During a title search, professionals will examine various documents, including deeds, court records, property and name indexes, tax records and bankruptcy records.

These documents can reveal issues such as unpaid taxes, outstanding mortgages or boundary disputes. If any problems exist, the responsible party must resolve them before the sale can proceed.

Why does a title search matter?

Here are some key reasons:

  • It reveals potential issues with the property’s ownership history.
  • It uncovers any liens or judgments against the property.
  • It identifies easements or restrictions that could limit your use of the property.
  • It helps protect your investment by ensuring you are buying a property with a clear title.

In Florida, the law requires sellers to provide buyers with a clear title. This means the property should be free of liens, encumbrances or other claims that could jeopardize your ownership. A title search helps verify this requirement is met.

Although you can perform a title search independently, it is a complex process that requires specialized knowledge of real estate law and local regulations. Consulting with an attorney can make the process smoother and more secure.