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Buying a fixer upper. Iv looked at all the records I can…

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buying a fixer upper. Iv...
buying a fixer upper. Iv looked at all the records I can find on the house as far as the deed goes. iv searched through the records at the courthouse and seen were the deed has changed hands going back 40 years. seen were the previous owner paid the lien off that was on the place with a lein release form attached to it as well. if there was a outstanding mortgage on the place would it of shown on the deed?when the place was sold last it was sold with a warrantee deed that was about 20 years ago. all my research shows a clean and clear title. is there any thing else I should search for when looking for a clean and clear deed on a house? and lastly do I have to have a title search done and title insurance before I can do a warrantee deed? I had planned on taking care of everything with out going threw an attorney
Submitted: 2 months ago.Category: Real Estate Law
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Answered in 20 minutes by:
4/3/2018
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 2 months ago
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,227
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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 2 months ago

You are doing a very good job. Title searching is tedious. You do have to work through all the books to make sure there are no other potential liens besides the released mortgage lien. Make sure there are no tax liens, utility liens, judgment liens or mechanics liens. You just have to work through the books in chronological order as you have been.

You are not obligated to use an attorney. I would suggest that you consider using a title settlement company anyway. For not really that much money they will do the formal title search, prepare the new deed, and obtain the title insurance.

Many people think that title insurance is a waste of money until a hidden defect in the title is uncovered. Even frivolous claims may need to be addressed at some point in the future. And it is always the person who thought they could get by that seems to get caught in an unexpected entanglement.

You do not need to hire a real estate attorney to do this. Ask a real estate professional to recommend a title company to prepare the dded and do the search and acquire the insurance. It is cheap peace of mind insurance.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Customer reply replied 2 months ago
do you recommend any title search websites? or is that something to do locally? im in it for less then 5k so spending 1000 on title insurance ect doesn't seem feasible to do with this property. were all my others I have went though banks ect. and would any outstanding mortgages or leins be listed at the county court house?
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 2 months ago

All the liens if properly filed should be in the property records in te county court house. The improperly filed liens are not to worry over.

There is the odd situation where somewhere in the chain a party (ex-spouse often) did not properly waive their claim. Some descendant cmes along and claims an interest. This will not be apparent in your search. It is rare but can be a pain if it happens

Your investment at this time is very low, so I can see the attraction in skipping the title insurance. Still you should at least research it.

There probably are internet title companies, I just haven't looked. You tend to form relationships overtime and use those.

Good luck.

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