Also known as: standard title searches · title search
Written by attorneys · grounded in primary & secondary sources — see below
A title search that traces ownership by examining records under each grantor's name from the date the deed was executed into that grantor.
Simon Stern agrees to purchase land from Serena Soto. The title insurer performs a standard title search under Soto's name beginning at the execution date of the deed into her. Finding no unexcepted defects or liens, the insurer issues a commitment and later a policy at closing that indemnifies Stern against loss from any missed title issues.
Santiago Sanchez contracts to buy property from a surviving joint tenant after the co-tenant's death. A standard title search under the deceased tenant's name from the deed execution date shows the joint tenancy deed but no severance. The buyer proceeds knowing the surviving tenant holds unencumbered fee simple.
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Sarah Sullivan seeks to purchase land held by a married couple as tenants by the entirety. A standard title search under each spouse's name from the acquisition deed date discloses the entireties deed and a federal tax lien against one spouse only. The buyer adjusts the purchase price to account for the lien's limited reach.
A standard title search examines records only under each grantor's name from the execution date of the deed into that grantor. More extensive searches may cover additional periods or indexes required by local custom or client needs.
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Title passes upon delivery of the deed at execution. Beginning the search at execution captures any conveyances the grantor could have made after acquiring title but before recording.
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The insurer relies on the search to identify defects or liens not excepted in the policy. A clean search allows the insurer to issue a commitment and later a policy that indemnifies the insured against loss from undisclosed title problems.
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…evicted when the lessor dies prior to expiration of the lease. This result would be avoided by a prudent lessee who conducts a title search prior to leasing, but we appreciate that such a course would often be economically burdensome to the lessee of a residential dwelling or a modest parcel of property. Nevertheless, it must…