A certificate of title can be described as a document issued by the municipal which identifies the owners or owner of a piece of real estate property. A title provides a set of documentary evidence for the rights of ownership. When a title is issued for real estate property by a title insurance company, the title is used as a statement of opinion. This opinion describes the status of the title by examination and inspection of specific public records.
In real estate, the ownership through a title description involves all parties that have an accurate assessment of the ownership of the property. Public records offer the legal and public notice that is of concern to the entity’s interest in a specific piece of property. With these documents, the parties involved can protect themselves and their interests against third-party claims.
During the real estate property sale transaction, the owner of the property must ensure that the title is being transferred free and clear of any other individual’s claims on that property. The public records should also provide any encumbrances on the property, such as easements and liens.
There are many homeowners and sellers that may believe that a lawyer may not be necessary for the transaction. However, many of those cases were found with flaws in the transfer of deeds, missing heirs, and even forgeries.
If you’re seeking to purchase or sell a piece of real estate property and issue a title for the transaction, an experienced attorney could help you review the terms of purchase, investigate obstacles, even tend to liability concerns.
While title insurance is a significant step in the real estate property transactions, it does not fully protect you against all legal disputes. Only licensed lawyers are qualified enough to address the legal issues that may arise. A few of the issues that may require the services of an efficient attorney include:
- Title defects.
A title is used as a description of the history of the ownership of the property. A thorough title search may provide information that may even offer undisclosed details, such as claims on the property by other parties, liens, or heirs of previous owners of the property. It would also reveal any defects on the title. An effective lawyer would be able to identify the discrepancies to the client or provide a legal opinion on the clarity of the title to move the transaction forward.
- Transfer of deed.
The written instrument is then signed by the purchaser and the seller where the title to the real estate is transferred to the purchaser. Here, the attorney or title agent would be able to conduct an examination prior to the deed establishment to ensure that it is legally available for conveyance.
- Property defects.
The purchaser and the seller would typically issue private inspectors for conducting an inspection on the home – i.e., to check for damages or pests. This is done before signing the purchase agreement.
Managing and setting a title doesn’t come as easy as you’d think. For that reason, it’s best to acquire the services of a competent lawyer. That’s where we come in. The Gretchen Ortiz Law Firm guarantees clients are provided with attorneys and agents that are skilled and competent in their field. That way all you’ll have to do is sign the documents without the hassle. We do our best to make sure you receive the best services. If that’s what you’re looking for, contact us now, for a consultation!
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