How To Do a Title Search in Pennsylvania
Residential real estate transactions can be complicated. However, one thing those in the market for a new home may wonder is how to do a house title search in Pennsylvania.
To complete a house title search in Pennsylvania, you can hire someone to complete the search, visit the courthouse of the county where the property is located, or visit the county assessor.
But what is a title search? Why are title searches important in Pennsylvania? The Scranton real estate attorneys of Mazzoni Valvano Szewczyk & Karam can explain.
What Is a Title Search?
Before we dive into how to do a title search on the property, it is important to understand what it is. A property title names the individual(s) who owns the property in question and includes information on the property. A title search is a search of multiple accounts and sources connected to the property. This includes deeds, land records, tax liens, divorce proceedings, bankruptcy records, etc.
The hope for both the buyer and seller is that the property title search comes back clean from any financial holdings. Though the process usually occurs once an offer has been accepted, a property title search in Pennsylvania can happen at any time by anyone. A title search on a property reports the following:
- Specifics such as locations, measurements, and area of the property.
- Ownership details.
- A table of scrutinized records, deeds, and documents.
- Nature of the transferor’s right, and if it is absolute in terms of enjoyment, possession, and disposal.
- If there are any charges, dues, or liens on the property.
- If there are any mortgages on the property.
- If there are any encumbrances on the property, like unpaid taxes and loans.
- If a third party is interested in the property.
- If the property is a subject of ongoing litigation.
- If the property is clear and marketable.
- Any concluding advice, comments, or opinions.
Here’s How to Do a House Title Search
If you’re wondering how to do a house title search, allow us to explain. While you can technically complete a title search for your property on your own, it’s never recommended, as you have to wade through many documents to ensure that all potential issues have been accounted for.
It’s always best to work with a real estate attorney who can guide you through the Pennsylvania house title search process to make sure the home you buy is free of liens, back taxes, or any other financial hold.
Usually, the attorney will do their research at the county courthouse, the recorder’s office, and the county assessor’s office, or even online. A title search typically involves looking for information on:
- Land records
- Federal and state tax liens
- Construction liens
- Judgments
- Divorce settlements
- Probate cases
- Bankruptcy announcements
- Deeds
- Property plats
Why Are Title Searches Important?
The goal is for the property title search to come back clean of any financial holdings. However, there are other reasons a title search is important to both buyer and seller during the transaction process.
For the potential buyer, the property title search is important because it tells the buyer who the current owner of the property is and ensures that any liens, loans, and judgments are disclosed and handled by the seller before the closing. If the buyer doesn’t know these financial deficiencies before the close of escrow, the buyer can be responsible for these expenses later on.
However, the title search is also important to the seller, too. To put the home on the market, the seller must have a marketable title which means that there are no defects that could spark a lawsuit later on. Such defects may include that someone thinks they have the title of the property, or there is a deed out there that you were unaware of.
In addition, the title search also lets the buyer know if the title company can insure the transaction, which protects both seller and lender if liens are discovered after the closing has occurred.
What’s The Expected Turnaround Time for a House Title Search in Pennsylvania?
The time needed to complete a title search for a property usually depends on the complexity of the deal and the age of the home. Older homes invariably have a long history of transactions, meaning your attorney will need to wade through more information. On the other hand, title searches for simple deals and newer houses don’t require as much time.
What Are the Different Types of Title Searches?
When looking up results for ‘what is a title search’ or ‘how to do a title search on the property,’ you’ll likely come across different kinds of searches. Generally speaking, most title searches fall into two broad categories.
1. Full Coverage Search
This comprehensive search is used whenever a property is being sold. It looks back at the house’s entire ownership history for liens, bankruptcies, and judicial proceedings against the current owners/other parties on the title.
2. Limited Search
As the name suggests, a limited title search for a property only looks at the current owner/deed’s records. It’s typically reserved for refinancing cases.
What Happens After the Title Search?
Once the title search is complete, the buyer will receive a preliminary title report, indicating whether there are any problems with the property’s title. This will let the buyer know if it’s a good idea to continue with the closing process. While some problems can be resolved, others may lead to the deal being called off.
In case the title search comes back clear and the owner decides to proceed with the purchase, the closing can continue as expected.
What is Title Insurance?
Because title searches are so exhaustive, there’s always the risk of paperwork errors and overlooked documents. Simple mistakes can cost you if you uncover an issue with the property post-purchase. This is where title insurance comes in.
Title insurance protects new buyers against loss or damage from liens, encumbrances, or defects in the title or actual ownership of the property. Unlike traditional insurances, title insurance protects homeowners against claims for past events.
Most basic owners’ title insurance policies cover the following.
- Incorrect signatures
- Forgery and fraud
- Defective renovation
- Restrictive covenants, including unrecorded easements
- Encumbrances or judgments against the property
- Outstanding lawsuits or liens
Title Search in Pennsylvania: Mazzoni Valvano Szewczyk & Karam
The Scranton real estate attorneys of Mazzoni Valvano Szewczyk & Karam know how important completing a thorough title search is prior to a home sale being completed. If you are in need of real estate advice, you need Scranton attorneys with experience–you need Mazzoni Valvano Szewczyk & Karam. Contact us today to schedule an appointment.