Knowledge Mondays – What is title?

Title refers to the right or ownership of a piece of property. When purchasing a property, you should receive clear title to the property at closing. Title will allow you, as the buyer, to have the right to use the property.

When you purchase a property, you want to make sure that you are receiving clear title to the property. To protect yourself from any title defects that may arise, a clause should be included in your contract that states that you may cancel the purchase if the seller cannot provide clear title. This protects you, as the buyer, in the case the seller cannot provide a title without defects or liens.

Additionally, during the closing process, a title search must be conducted. A title search will discover any defects in the title that your future home may have. The title search will also examine the property records to confirm that the person selling the property is the legal owner and that no one can claim an ownership in the property. Any defects that arise from the examination will have to be resolved before you are able to close on the property. Therefore, it is important to hire an attorney that can resolve the title issues that arise during the search and provide legal ownership to the property.

Finally, to protect your title after the property is yours, you may purchase title insurance. Title insurance adds an additional layer of protection because it protects you as well as the lender from the possibility that the seller or previous sellers did not have clear ownership of the property. If an individual comes to claim their ownership to the property after your purchase, title insurance provides that added layer of protection to the buyer for their stake in the property.

If you would like to discuss any title issues or closing on your property, schedule a consultation with the experienced attorneys at Alvarez Law Group today. Call us at (786) 620-2820 or email to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. *

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