Before you go into a closing, it's critical to know that your title to the property will be free and clear. That means it is free of prior indebtedness or other defects or encumbrances. It is then what is called a "marketable title".
Normally, at the closing the seller gives the buyer a deed, which transfers the title to you and warrants your title against claims of other persons. However, you should not accept a deed without having World Title Company conduct a thorough title examination of the property.
A title examination involves researching the public records to disclose the previous owners of record, prior deeds, mortgages, court judgments, probate proceedings and divorces, foreclosures, tax and construction liens, and other matters which could affect title. In other words, the legal history of the property.
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In some cases, a title examination will uncover title defects that could jeopardize a buyer's ability to take clear title to the property. Should research reveal title defects, the seller may be asked to correct these title defects.
There are also hidden defects, which may not surface even in the course of a thorough title examination. One of these could put your ownership of the property in question, even after you've closed.
Some examples of defects, both obvious and hidden, are the following:
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