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To get a mortgage, lenders require a thorough title search of local property records to ensure the title is clear. How to check for clear title on property. As a homebuyer or seller, you can visit ...
A clear title is important for any real estate transaction. ... A property’s title is the term used to describe the rights of the owner. It isn’t a document, like the deed, but instead ...
Clear title. Clear title is the phrase used to state that the owner of real property owns it free and clear of encumbrances. In a more limited sense, it is used to state that, although the owner does not own clear title, it is nevertheless within the power of the owner to convey clear title. For example, a property may be encumbered by a mortgage.
A full coverage search is usually done when creating a title report for sale/resale transactions and for transaction that involves construction loans. It generally includes searches related to property lien, easements, covenants, conditions and restrictions(CC&Rs), agreements, resolutions and ordinances that will affect the real property in question.
Merchantable title and marketable title are synonymous terms. In the absence of an agreement to the contrary, there is an implied undertaking in the contract that the vendor (person selling the property) has a marketable title. The contract typically provides that on failure of a vendor to deliver good and marketable title, the vendee (buyer ...
Title insurance usually costs 0.5 percent to 1 percent of the property’s sale price. Lender’s title insurance is based on the mortgage principal amount, about $3.50 for every $1,000 of the loan.
Cloud on title. In United States property law, a cloud on title or title defect is any irregularity in the chain of title of property (usually real property) that would give a reasonable person pause before accepting a conveyance of title. According to Investopedia, a cloud can be defined as: "Any document, claim, unreleased lien or encumbrance ...
In general, the title insurance company would cover the financial damages incurred by a homeowner due to an easement that was never disclosed at the time of the sale.
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