What is a title search?
How a title company confirms who owns a property, and what's attached to it.
A title search is a review of public records to confirm who owns a property and what claims are attached to it. It’s one of the first things that happens after a contract is signed, and it’s the basis for the title insurance policy.
Following the chain of title
Every time a property changes hands, a new deed is recorded. Lined up in order, those deeds form the chain of title: the recorded history of ownership. A search follows that chain and checks each link for anything left unresolved.
-
Link 1
Original owner
Deed recorded
-
Link 2
Second owner
Deed + deed of trust recorded
Mortgage released?
-
Link 3
Third owner
Deed recorded
Judgment against owner?
-
Link 4
Seller today
Deed recorded
Unpaid taxes?
-
Link 5
You
Your deed, recorded at closing
The search follows each link in the public records and checks for anything still attached to the property. Questions like these get answered before you close.
What gets searched
- Deeds, to trace ownership from one owner to the next
- Mortgages and deeds of trust, and whether they’ve been released
- Liens, such as unpaid taxes or a contractor’s bill
- Judgments against current or past owners
- Tax records
- Probate filings, when a past owner has died
In Tennessee, most of these are recorded with the county Register of Deeds in the county where the property sits.
What a search can turn up
Common and usually cleared before closing
Routine findings
- The seller’s mortgage
- Paid off from the sale proceeds at closing
- Unpaid property taxes
- Paid at closing
- Recorded easements
- Listed in the commitment so you know about them
Need more work to resolve
Problems to clear
- A judgment or lien against the seller
- Has to be paid or released
- An error in an earlier deed
- May need a corrective document
- A missing link in the chain
- Needs research before title can be insured
What happens when a problem is found
-
It shows up in the commitment
The title commitment lists it as a requirement to meet before closing, or as an exception the policy won’t cover.
-
Curative work
Steps to clear it, such as paying off a mortgage, releasing a lien, or correcting an error in an earlier deed.
-
Closing goes ahead
Once the requirements are met, the policy can be issued.
Why title insurance still matters
A search reviews what’s in the public records. Some problems, like a forged signature in an earlier sale or an heir nobody knew about, can be hidden even from a careful search. That’s what title insurance is for. See what is title insurance?
Related
Next step
Under contract? Order title and the search starts when your file opens.
This is general information, not legal advice. Talk to your attorney.
Let’s Work Together
Let us know how we can help make your real estate transaction a done deal.