Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Dec 2009
    Posts
    7

    Default What Does No Title Examination Performed Mean

    Other than the obvious? Looking up a deed on a piece of property that was purchased (all cash transaction) in 2007 for a small .37 acre lot.

    Across the top of the deed transfer papers filed with the county is written:

    "NO TITLE EXAMINATION PERFORMED - TITLE NOT CERTIFIED"

    Looks as if the transfer was handled solely by a notary. This was not a transfer between family members. Said property was purchased at an estate sale.

    What, if any, problems could arise if the title was not certified? Just confused because I thought all land titles have to be researched before changing hands. Little background, property was purchased from the estate of the original property owner who purchased the small lot in 1957 according to records.

    So did:

    A.) Notary took the word of the estate representative that the title was clear?
    B.) None of the properties purchased at the estate sale were surveyed. New property owners only ASSUME the property plat presented by estate representative is correct (hey, it wouldn't be the first time county records, especially those going back to 1957, were wrong).
    C.) Could property lines be challenged?

    Thanks for the input.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What Does No Title Examination Performed Mean

    it means nobody researched the title to look for possible problems with the title.


    A.) Notary took the word of the estate representative that the title was clear?
    that's like the innocent being led by the devil. How or why would the estate rep know if the title was clear?


    B.) None of the properties purchased at the estate sale were surveyed. New property owners only ASSUME the property plat presented by estate representative is correct (hey, it wouldn't be the first time county records, especially those going back to 1957, were wrong).
    the land is conveyed is what is on the deed. It doesn't matter if it is surveyed or not. What the title search might catch is the fact that somebody else is claiming ownership of part of the land described in the deed. The title search would also find a lis pendens and many other things that may not be actually in a deed but still be attached to the property in some way.


    C.) Could property lines be challenged?
    a line is a line. More properly; could ownership of the property as described be challenged? Sure, but that could happen even with a title search and survey.

    and no, there is no law (that I am aware of) in any state the requires a title search. It is only so common because it is a good idea and you cannot purchase title insurance without a title search.

    1. Sponsored Links
       

Similar Threads

  1. Unemployment Benefits: What Happens at a Claims Examination Appointment
    By 2degreesandnowork in forum Employment and Labor
    Replies: 1
    Last Post: 03-26-2011, 10:26 AM
  2. Tourist Visas: Medical Examination for a Visa
    By boisdeslandes in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 11-07-2009, 12:31 PM
  3. Home Insurance: Examination Under Oath
    By missleo in forum Insurance Law
    Replies: 4
    Last Post: 10-15-2009, 11:13 AM
  4. Business Insurance: Examination Under Oath
    By collins1470 in forum Insurance Law
    Replies: 2
    Last Post: 03-01-2009, 09:25 PM
  5. Marriage: Medical Examination For AOS
    By dsme3 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 03-22-2008, 08:39 PM
 
 
Sponsored Links

Legal Help, Information and Resources