Frequently Asked Questions

At Title Resources Inc., we understand that clients often have questions and concerns when it comes to title services. To provide clarity and address common inquiries, we have compiled a list of frequently asked questions to help you better understand the title process.

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What is a title search?

A title search examines public records to verify a property's legal ownership history and uncover any potential issues that could affect ownership rights.

Why is a title search necessary?

A title search is essential to ensure that the property being sold has a clear and marketable title, free from any undisclosed liens, claims, or encumbrances.

What is title insurance?

Title insurance is a policy that protects property owners and lenders from financial losses due to defects in the property's title that were not discovered during the title search.

Who typically pays for title insurance, the buyer or the seller?

This varies by location and negotiation, but in some areas, the seller pays for the buyer's title insurance policy, while the buyer pays for the lender's policy.

What are title defects?

Title defects are issues such as unpaid taxes, judgments, unresolved liens, or improper transfers that can affect the property's ownership.

How does title insurance differ from homeowner's insurance?

Title insurance protects against title defects, while homeowner's insurance covers damages and losses to the property and its contents.

Can a property with a lien be sold?

Yes, a property with a lien can be sold, but the lien must typically be satisfied from the sale proceeds before the property can be transferred to the new owner.

What is a title commitment?

A title commitment is a preliminary report that outlines the conditions under which a title insurance policy will be issued.

What is a "cloud on title"?

A cloud on title refers to any issue or claim that could create doubt or uncertainty about the true ownership of a property.

What is a property survey?

A property survey is a detailed measurement and description of a property's boundaries, structures, and features.

Can I proceed with a property purchase if a title issue is found?

It depends on the severity of the issue. Some issues can be resolved, while others may require legal action or negotiation with the parties involved.

What is a quitclaim deed?

A quitclaim deed is a legal document used to transfer a person's interest in a property without making any warranties about the property's title.

How long does a title search take?

The duration of a title search can vary, but it usually takes a few days to a couple of weeks to complete.

Can a property have multiple owners with different percentages of ownership?

Yes, multiple owners can have varying percentages of ownership in a property, such as in the case of tenants in common.

What is the role of a title company in a real estate transaction?

A title company conducts the title search, issues title insurance, and facilitates the closing process to ensure a smooth transfer of ownership.

What happens if a property has an easement?

An easement grants someone the right to use a specific portion of another person's property for a particular purpose, even though they don't own the property.

Can title issues be resolved before closing?

Yes, many title issues can be resolved before closing through negotiation, payment, or legal remedies.

What is a title escrow?

A title escrow is a secure holding of funds and documents by a neutral third party until all conditions of a real estate transaction are met.

What is a title opinion?

A title opinion is a written legal assessment by an attorney regarding the quality and status of a property's title.

Can a title transfer be contested after closing?

While it's possible, once a property sale is completed and the new title is recorded, contesting the transfer becomes more complex.

What is a mechanic's lien and how does it affect a property's title?

A mechanic's lien is a claim by a contractor or supplier for unpaid work or materials. It can affect a property's title by clouding ownership until the debt is resolved.

What is a quiet title action?

A quiet title action is a legal process used to resolve disputes or uncertainties regarding property ownership.

Do I need to purchase title insurance if I'm paying cash for a property?

While it's not legally required, purchasing title insurance is highly recommended to protect your investment.

Can I use the same title insurance company as the seller?

While it's possible, it's often advisable to choose your own title insurance company to ensure unbiased protection.

Can I sell a property if there is a judgment against the title?

In most cases, a judgment lien must be resolved before selling a property, as it can affect the property's transfer of ownership.

Still have questions?

Real answers from a local team

If you do not see your question above, just ask. Our team answers title and closing questions every day, and we are glad to walk you through your specific situation in plain language.

Call (636) 527-9670 or email orders@TitleResourcesInc.com and we will point you in the right direction.

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Local expertise

A local title company is likely to have a better understanding of the local real estate market, including its laws and regulations. This is important if you are buying or selling property in an area you are not familiar with.

Personalized service

A local title company is more likely to provide personalized service and attention to your needs. They can provide more responsive and timely communication, which helps ensure a smoother transaction process.

Faster turnaround times

With in-depth knowledge of the local real estate market, we can provide you with efficient and reliable service that helps you close deals faster, in a timely and cost-effective manner.

Local relationships

A local title company has established relationships with local real estate agents, lenders, and other professionals involved in the transaction process, which helps facilitate communication and coordination between all parties.

Support for the local community

By working with a local title company, you are supporting a local business and contributing to the local economy. It is a meaningful way to give back to the community while receiving high-quality service.

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"Tracy was amazing throughout the entire process, super knowledgeable and super quick to respond. Closing was easy as it gets. Communication was quick and reliable!"
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