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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 ...
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. This ...
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 ...
The objective of the title search is to establish clear, marketable title by exposing any outstanding claims prior to the transfer of title. The process of resolving any issues on the title is known as "clearing the title." [2] Each recorded document must name the parties involved, e.g., grantor and grantee.
The title of a property refers to the legal rights the owner holds to the property. When purchasing a home , it’s crucial to ensure the property has a clear title and is free from liens or other ...
In property law, the term free and clear refers to ownership without legal encumbrances, such as a lien or mortgage. [1] For example: a person owns a house free and clear if he has paid off the mortgage and no creditor has filed a lien against it.
A warranty deed is a type of deed where the grantor (seller) guarantees that they hold clear title to a piece of real estate and has a right to sell it to the grantee (buyer), in contrast to a quitclaim deed, where the seller does not guarantee that they hold title to a piece of real estate.
A quitclaim deed may also be used to transfer title of a property to a purchaser following a foreclosure auction. Typically such a deed will not warrant that the property title is free and clear, and it remains up to the grantee to check that the property is not subject to any legal encumbrances. [11]
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