James Whitener

Arizona Loan Officer

  • Home
  • About
    • About James
    • Accessibility Statement
  • Reviews
    • Read My Reviews
    • Leave a Review
  • Blog
  • Resources
    • Mortgage Calculator
    • Closing Costs
    • Home Appraisal
    • Home Inspection
    • Loan Checklist
    • Loan Process
    • Loan Programs
    • Mortgage FAQ
    • Mortgage Glossary
  • Apply Now
  • Partners
  • My App
  • Contact
Real Estate Podcast: BREAK IT DOWN WITH BRAYDON

Check out my podcast episode with BreakItDown — the Arizona #1 Real Estate podcast about everything real estate in The Valley!

How The Title Search Works

December 14, 2018 by James Whitener

How The Title Search WorksA title search is an early warning system for buyers and lenders. It reveals flaws the owner must resolve prior to a closing or refinance request. This allows the owner to clear any clouds on the title so that the process can move forward. Also, it protects the buyer or lender from assuming an obligation they aren’t responsible for. 

Title Search

A chain of title exists in the public records. It shows the history of property title transfer from each previous owner to the next. Unfortunately, these searches are labor intensive and require a specialist called a title examiner.

The search may take the title examiner back to a time when property laws were much different. Technically, only 40-60 years are required, but this could leave a cloud of title on older properties. So, title examiners typically go back to the original owner.

Tax Search

The second step involves a search of tax records to ensure there are no unpaid taxes that could result in a tax lien on the property. The local municipality could hold buyers responsible if the taxes aren’t paid prior to the closing.

Inspection

If the title insurance is for a refinance loan, the lender often orders an inspection. The inspector examines the property to investigate whether there are any encroachments or other defects that affect the title. They also verify the lot size, note unrecorded easements and the mark location of improvements.

Judgments

Judgment decrees, liens and unpaid federal taxes entail a claim on the property that supersedes a lender’s or buyer’s rights. Therefore, If discovered judgments create a cloud on the title, the current owner must resolve them before the transfer of title to the buyer.

Closing

The lender or buyer and seller can proceed with the closing after all defects have been cleared. However, the title company won’t issue a commitment to insure the property if clouds remain on the title. 

Understanding how the title process works can make the closing process easier and might make buyers a little more patient while waiting for the title commitment to arrive. 

Your trusted mortgage professional will be there to guide you through the process and help you communicate effectively with your lender. This partnership can be a key element to a successful transaction.

Filed Under: Real Estate Tagged With: Real Estate, Title Company, Title Search

James Whitener

Contact James


Loan Officer
CALL 602.622.6514
Fairway Independent Mortgage Corp
James Whitener NMLS #1648336
AZ License #LO - 0943535
Company NMLS #2289 | AZ License #BK-0904162

Sterling
GET A RATE QUOTE
DOWNLOAD MY APP

Let’s Keep In Touch!

  • This field is for validation purposes and should be left unchanged.

  • Home
  • About
  • Reviews
  • Blog
  • Resources
  • Apply Now
  • Partners
  • My App
  • Contact
Equal Housing Lender

NMLS Consumer Access
James Whitener – Loan Officer
20359 N. 59th Ave, Suite 100
Glendale, AZ 85308
602-622-6514 | James.Whitener@FairwayMC.com

NMLS # 1648336 | AZ License #LO – 0943535
Company NMLS #2289
Privacy Policy | Terms of Use

Complaints may be directed to: (877) 699-0353 or Email us: customerservice@fairwaymc.com.
The content on this website is written by James and reflects his opinion, and not the opinion of Fairway Independent Mortgage Corporation.

Return to top of page

Copyright © 2023 James Whitener. All rights reserved.   Log In