what does it take for our lawyer to get the home title

What do you need to know about title of a house?

6. What to Do If You Lose Your Title. Loss of your title is no reason to panic. You can go to the clerk’s office at the county courthouse where the property is located and request a copy. If you have a mortgage on the property, your mortgage banker should also have a copy on file.

How long does it take to get a title for home?

Mar 07, 2022 · If your home purchase involves any out-of-the-ordinary elements that could complicate your purchase contract, a good real estate attorney can make sure that all your contracts take into account the complexity of your situation as well as help you out if contractual issues arise during the process.

Where can I get a copy of the title to my house?

How Often Does Home Title Fraud Happen? Home title fraud, which was once considered rare, is now seen in some circles as one of the faster-growing cybercrime schemes in the country. In particular, the concern surrounds wire fraud, as the FBI reported 301,580 wire fraud complaints in 2017 with losses of $1.4 billion. Looking at just the real ...

Can someone steal your home title?

Oct 26, 2021 · It depends on your lawyer and how fast the county recorder’s office files the deed. Some legal advisers can get your deed processed and sent to you for review and signature within two days, but it typically takes five to seven business days. Then you need to wait for the county recorder’s office to file the deed, which can take two weeks or more.

How do I get the title to my house in Texas?

You may obtain Texas land records, including deeds, from the county clerk in the Texas county in which the property is located. You can search online for a deed in some counties, or else request the deed from the clerk in person, by mail, phone, fax or email.Mar 15, 2019

How much does it cost to transfer a house title in Texas?

all property deeds – $195 Any Property Deed needed to transfer real estate in Texas. Prepared by an attorney licensed in the state of Texas.

How long does it take to transfer property ownership?

It usually takes four to six weeks to complete the legal processes involved in the transfer of title.

What type of lawyer handles deeds?

A property lawyer can research all requirements, negotiate, draft the deed, and represent you in court if necessary. A lawyer can also help sellers decide the best type of deed transfer to perform depending on the circumstances of the sale.Mar 31, 2021

What happens if you don't have a title to your home?

If you don’t have clear title to the home, someone else might be able to argue that they’re the legal owner of the property and that the person who sold it to you didn’t have the right to do so. This can lead to major legal complications and headaches that you want to avoid.

What is a property title?

A property’s title is the bundle of rights that dictates who has legal or equitable interest in the property. In real estate, a document called a “ deed ” records a property’s title, and the transfer of that title between two parties or individuals.

What is joint tenancy?

Joint tenancy with the right of survivorship. Two or more individuals purchasing a property together, in which each person owns an equal portion of the property and they move in at the same time. Who it’s best for: Couples purchasing a property together.

What is a living trust?

A trust is a legal vehicle that allows you (the trustee) to pass assets such as property to your beneficiary after your death without going through probate. Who it’s best for: Anyone who wants total control over what happens to their interest in a property after their death.

Why is it important to hold your title?

Another example of why the manner in which your title is held is important: If you owe debts, collectors can try to make you sell your home to settle them. If you held your title as tenants by entirety, your home would be safe from debt collection, assuming your partner did not also have significant debts.

Can you change your title if you change your life circumstances?

If your life circumstances change, the process to change your title is relatively simple and inexpensive. The paperwork can be tricky, however, so get a title professional and a real estate lawyer’s help to make sure you’re not making any mistakes.

Can you choose the way you hold your title?

You can choose the way in which you hold your title based on your goals, such as making sure your partner can continue living in the home in the event of your death or choosing exactly how the proceeds from the sale of the home are used.

What does title insurance do when buying a house?

A title insurance policy protects you against the possibility that someone else might have a claim on your home. In essence, it ensures that a homeowner and their lender will be okay in the event that the seller or previous owners didn’t have absolute ownership of the house.

What is a title search?

A title search will be performed by your title or settlement company to uncover any issues with your title that could give you legal troubles down the line. The title company then insures your claim to the property’s title. If anything is missed during the search or there are lawsuits questioning your legal ownership of the property after closing, ...

What does title insurance cover?

Holding a title insurance policy means you and your mortgage lender are protected against any financial loss or title issues due to liens, disputes between prior owners over wills, clerical problems in courthouse documents, or fraudulent claims against the property or forged signatures.

Which state has the lowest insurance premium?

Other states such as California and New Mexico have unfixed premiums, which means that buyers can shop around. Iowa actually underwrites the insurance itself, resulting in the lowest premiums in the country: $110 for properties costing up to $500,000.

What factors affect the cost of title insurance?

Some factors that can affect the cost of your premium include the title search, examination, and expected cost of any title defects. “In general, each policy price is based on the purchase amount of the home or the total amount of the loan,” explains Tormey. “Title insurance is a highly regulated industry, so title insurance policy types ...

Where does Audrey Ference live?

Audrey Ference has written for The Billfold, The Hairpin, The Toast, Slate, Salon, and others. She lives in Austin, TX. Follow @audreyference. Get Pre-Approved Connect with a lender who can help you with pre-approval.

Is title insurance optional?

Owner’s title insurance is usually optional, but it’s highly recommended. Without it, you’ll be left footing the bill for all the costs of resolving a title claim, which could be thousands or even hundreds of thousands of dollars.

What is a title for a house?

A title is the legal documentation that includes the specifics about the property you are purchasing and who owns it, often in the form of a deed. One of the steps in buying a home is to have a title search completed prior to closing. Many first time buyers may not have heard much about this process.

What happens to a title when you sell a house?

What Happens to the Title When You Sell. When you sell your property, your title ownership is transferred to the buyer. That party will receive a copy of the new title a few weeks after closing, indicating that they now own the property and you no longer have any claim to it. The title that you hold is now invalid. 6.

What is owner's policy?

An owner’s policy provides coverage equal to the amount you are paying for the property. It protects the owner if a problem is discovered after the search is completed. The insurance company provides legal assistance and pays any valid claims.

What to do when you are under contract on a house?

1. Purchasing Title Insurance. Once you are under contract on a house, one of the first things you will do is buy title insurance . There are two kinds of policies: An owner’s policy provides coverage equal to the amount you are paying for the property.

Do you have to pay taxes at closing?

Outstanding judgments or delinquent taxes must be paid at closing before a clear title is received. The seller has the responsibility for resolving any issues with the title. A title search also provides information about easements, restrictions and rights-of-way that could limit your use of the property.

Do mortgage banks have a copy of the title?

If you have a mortgage on the property, your mortgage banker should also have a copy on file. For a first time homebuyer, a title search is often just one more new task in the unfamiliar and possibly confusing process. If any title issues arise, it can cause stress and anxiety. Stay calm.

What is a title when buying a house?

When you buy or sell a home, a property title is essentially a fancy way of saying who has the right to own the property—and thus, to sell it . While it may seem straightforward that a home seller owns his house, there could be hidden claims or liens on the property the homeowners themselves may be unaware of, making a title search essential ...

When is a title search done?

A property title search is typically ordered during escrow when a lender financing a home purchase requests a preliminary report from a title company. However, a search can be done anytime, by anyone, such as a buyer (who might not need a lender’s money) or a homeowner who’s looking to refinance their home.

What are the sources of property searches?

Multiple sources are searched, including deeds, county land records, tax liens on the federal or state level, divorce cases, bankruptcy court records, and other financial judgments against an owner that could potentially attach to a property.

What happens if liens aren't discovered?

If liens or judgments aren’t discovered prior to closing, the buy er can face messy and expensive issues down the road.

What is a defect on a title?

Defects could be someone else claiming title to the property, a claim that the seller never owned it or a wild deed (where someone buys the property but doesn’t officially record the title). Many properties have defects on a title. For buyers: Property title searches are a vital step in the home-buying process.

What is a marketable title?

For sellers: To sell your property, you must have what is called “marketable title.”. This legal term basically means that there are no defects that might cause a lawsuit or someone to challenge your right to own the property, says Michael Redden, an attorney in Minnetonka, MN.

What does "clean title" mean?

A clean property title search means the buyer —and lender—agree there are no claims on the property that could become an issue after ownership is transferred.

Why do you need an attorney for a home purchase?

Here are a few reasons you might need or want an attorney to be part of your home buying team: State or lender requirement: Every state has slightly different laws regarding real estate transactions, and some states consider certain actions that are part of the process to be “practicing law.”. These regulations are often meant to prevent real ...

What is a real estate attorney?

A real estate attorney is someone who is licensed to practice real estate law, meaning they have the knowledge and experience to advise parties involved in a real estate transaction, such as a home sale.

Who is in charge of closing a home?

In some cases, a real estate attorney is also the person who’ll be in charge of your closing. In a home purchase transaction, both the buyer and seller can hire an attorney to represent their interests during the process. Or, in the case where an attorney is overseeing a closing where the home is being purchased with a mortgage loan, ...

Is it legal to buy a home?

Buying a home isn’t just a simple purchase; it’s also a legal transfer of a property from one entity to another. Because the legal side of this transaction can be so complex, sometimes it makes sense (or is even required) for home buyers or sellers to enlist an attorney who can look out for their best interests.

Do you have to have an attorney at closing?

If your mortgage lender requires an attorney to be present at closing, whether the buyer or seller covers the cost of the closing attorney will depend on how your contract was negotiated. If you want your own attorney in addition to the one required by your lender, you’ll also pay for any services they provide you.

Where can I get a copy of my title deed?

You can get a copy of the title deed from your county clerk’s office , but in some cases, you may be able to order the deed online.

Where to submit a deed to a property?

Submit your form at the county or city office where you got the original property deed. Depending on the state, this office could be the county clerk or the land registry. Some jurisdictions require additional paperwork, like tax documents. Check with your local office to make sure you have everything you need.

Why do you need a warranty deed?

A warranty deed, however, can be more appropriate in situations when there are multiple owners. A warranty deed can also prevent future challenges to ownership, because it clearly indicates the transferring party’s right to change the ownership. 2. Access a copy of your title deed.

What do you need to do if you don't have a will?

If it wasn’t, then you’ll need to write up a new deed to replace the current one. If you’re willed the property, then you’ll need an executor’s deed. If the owners died without a will and the court granted you ownership, then you’ll need an administrator’s deed.

What to do when you remove your name from a property?

If removing your name, agree on your share of the property, who it will be transferred to and how the ownership structure is formed. When transferring property ownership, you’ll use one of two deeds of conveyance: A quitclaim deed.

How to remove names from a deed?

Discuss property ownership interests. Speak with any co-owners to reach an agreement about which names will be removed from the title and why.

What is the importance of knowing the type of property before you transfer ownership?

Before you transfer ownership of any type of property, it’s important that you know the kind of ownership that’s being discussed. Some are better handled with specific deeds of conveyance.

Where to record a deed in Los Angeles?

After the deed is notarized, the fraudster will record the deed at the local county’s recorder’s office for a nominal fee. County recorder offices, such as the Los Angeles County Recorder’s Office, normally do not inspect the documents submitted for recording for fraud. The properties that are vulnerable to home title fraud are those ...

What is a title fraud?

It is a crime that occurs when someone fraudulently replaces your name on the title to your property with their name. Home title fraud is gaining traction as information about people becomes more accessible online.

Why are deeds void?

Often times the deeds are void because a fraudulent or forged deed is void even if there is a subsequent bonafide purchaser for value. At Schorr Law, have seen some of the most unimaginable examples of real estate title fraud – but there is always a solution.

What are the properties that are vulnerable to title fraud?

The properties that are vulnerable to home title fraud are those that have accumulated substantial equity. Especially those properties that are vacant, owned as a vacation home, or held for investment purposes. For one, the fraudsters need the equity to bait their next layer of victims, i.e., those victims whom the fraudsters will “borrow” money ...

What is a phishing scheme?

Phishing schemes is another source. You should always be on guard whenever someone requests your sensitive information, especial through phishing schemes. Once armed with your personal information, these fraudsters assume your identity and create fake identification and social security cards.

How does title fraud happen?

How does home title fraud happen? Home title fraud occurs when a criminal scours electronic records to find a home that has accrued equity. The thief then forges the homeowner’s signature onto a fraudulent bill of sale and transfers legal ownership of the house to themselves.

Can a thief steal your house?

But could an identity thief go so far as to steal your house? Yes, they can. This is a real threat, and it’s becoming more common through a form of identity theft known as home title fraud.