The Title Verification Process
When you’re buying or selling real estate, few things matter more than knowing who legally owns the property and whether there are any claims against it. A real estate attorney’s role in title verification is to provide that certainty. This process is not automatic-it requires careful research and professional judgment.
Step 1: Initiate a Title Search
The attorney or their team begins by conducting a title search. This typically involves:
- Reviewing public land records at the county recorder’s office or equivalent jurisdiction
- Examining deeds, mortgages, liens, judgments, tax records, and probate filings
- Checking for easements, covenants, and restrictions that might affect ownership or use
- Looking at tax maps and property surveys for boundary issues
Step 2: Analyze the Chain of Title
The “chain of title” is the history of ownership transfers for the property. The attorney traces ownership back through each prior deed to ensure:
- Every transfer was properly executed and recorded
- All prior owners had legal capacity to transfer (e.g., no forgeries, missing signatures, or fraud)
- No “breaks” in the chain-gaps where ownership cannot be confidently traced
If a break or irregularity appears, the attorney must resolve it before the transaction can close.
Step 3: Identify Encumbrances and Defects
Even if the chain is complete, the property may have encumbrances-claims by third parties. Attorneys look for:
- Liens - unpaid taxes, mechanics’ liens, homeowners’ association dues, or judgment liens
- Mortgages - outstanding loans that must be paid off at closing
- Easements - rights granted to others (e.g., utility lines, shared driveways)
- Restrictive covenants - deed restrictions that limit use (e.g., no fences or commercial use)
- Adverse possession or boundary disputes - claims that part of the property belongs to someone else
Step 4: Obtain a Title Report or Title Insurance Commitment
In most transactions, the attorney works with a title company. The title company produces a preliminary title report or commitment, which summarizes:
- Current owner and vesting
- Exceptions (encumbrances that will not be covered by title insurance)
- Requirements to clear title (e.g., pay off a mortgage, release a lien)
The attorney reviews this report against the search findings and advises the buyer or lender on any issues that need resolution.
Step 5: Resolve Issues and Obtain Clear Title
Before closing, the attorney works with the seller, lender, and title company to resolve any identified problems. Common steps include:
- Demanding payment or releases for outstanding liens
- Negotiating with parties claiming an interest in the property
- Recording corrective deeds or affidavits to fix clerical errors
- Obtaining estoppel certificates from HOAs or lenders
Only when these issues are resolved can the attorney confirm the property has “marketable title”-meaning no reasonable buyer would refuse to purchase due to title defects.
The Importance of Professional Oversight
While automated title searches exist, a real estate attorney’s judgment is critical. Attorneys can identify subtle legal issues-like improperly revived powers of attorney, unrecorded easements, or fraud indicators-that routine searches might miss. They also understand state-specific requirements and can interpret local laws governing title transfers.
For buyers and sellers, the attorney’s work on title verification protects against costly future disputes, such as:
- A neighbor claiming your new home sits on their land
- A lender demanding payment for a loan the seller forgot to disclose
- An heir reappearing years later with an ownership claim
Key Takeaway for Readers
If you are buying or selling real estate, understand that title verification is a legal process, not just a paperwork step. Working with a qualified real estate attorney helps ensure that the property you are purchasing has clear ownership and that your investment is protected. State and local laws vary, so always consult an attorney familiar with your jurisdiction for advice specific to your transaction.