Title examination is one of the key elements in real estate transactions. It ensures that the title to a property is marketable, or suitable for sale. Title examinations look to see if there are any encumbrances on a property. An encumbrance is anything that could disrupt the sale of the property, such as unpaid tax liens or any restrictions placed on the property. Examinations also review the history of ownership, including all trusts, will and deeds associated with the property in the past. This is called reviewing the chain of the title, and inspects whether the property’s ownership may be legally tied to anyone other than the current buyer and seller.
Title insurance is a form of indemnity insurance predominantly found in the United States which insures against financial loss from defects in title to real property and from the invalidity or unenforceable of mortgage loans. The vast majority of title insurance policies are written on land within the United States. Unlike some land registration systems in countries outside the United States, US states’ recorders of deeds generally do not guarantee indefeasible title to those recorded titles. Title insurance will defend against a lawsuit attacking the title or reimburse the insured for the actual monetary loss incurred up to the dollar amount of insurance provided by the policy.
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IKON LAW, LLC can help you with your Title Examination and Title Insurance, contact us today at 843-416-8498.