When you are trying to close on a property, you will want to have a title search. There are several issues that can arise with the title search that may result in the closing being postponed or the buyer not purchasing the property at all.
During a title search, some of the issues that may come up include clouds like undiscovered encumbrances or unknown easements, liens, errors in public records or even identity theft. These problems have the potential to prevent the sale of a property or to slow down closing and extend how long it takes for the property to switch hands.
Encumbrances can include liens, easements and other restrictions on how a property may be used. A buyer has the right to decide if those undisclosed encumbrances are acceptable or not. Some may walk away from the sale.
Errors in public records
Errors in public records can slow down the closing. This is among the most common issues that come up.
Clerical errors, such as misspelling the seller’s name or entering the address incorrectly, could result in a delay in closing. Title insurance, if it was purchased, may help protect against these issues and keep the sale on track.
When someone impersonates a property owner and illegally transfers the title of a property, the buyer could end up possessing a home that doesn’t actually belong to them and being out the money they spent. A title search may identify this identity theft, which could result in the sale falling through.
To be sure your title is clear, a title search is necessary
Title searches help protect you as a buyer, so you don’t make a purchase that is problematic for you in the future. If you purchase a property with a lien and don’t know about it, you could still be held liable for repaying it. This is why a title search is so important.
Most title issues can be resolved, but buyers should know that they may have the potential to walk away if undisclosed issues with the title are too much to deal with or cannot be resolved by the seller. This is something to keep in mind as your closing approaches.