The Title Search Process: What Happens Behind the Scenes

What Is a Title Search? Your Foundation for Secure Property Ownership

A title search is a comprehensive examination of public records to verify legal ownership of a property and identify any claims, defects, liens, or encumbrances that could affect your rights as a buyer. This critical process forms the foundation of every real estate transaction, providing the information needed to determine whether a seller can legally transfer ownership and whether any issues must be resolved before closing.

For homebuyers, understanding the title search process illuminates one of the most important—yet often overlooked—protections in your real estate transaction. This guide takes you behind the scenes to explain exactly what title professionals do, what they look for, and how this process protects your investment.

The Purpose of the Title Search

The title search serves several essential functions:

Verify Current Ownership

The search confirms that the person or entity selling the property actually owns it and has the legal right to transfer it. This seems obvious, but various situations—estates, trusts, corporations, divorces—can make ownership questions more complex than they appear.

Trace the Chain of Title

Title examiners trace the history of property ownership (the "chain of title") to ensure each transfer was properly executed and recorded. A break in this chain can create questions about current ownership validity.

Identify Liens and Encumbrances

The search reveals any outstanding debts secured by the property—mortgages, tax liens, mechanic's liens, judgment liens, and others. These must typically be paid off before the property can transfer with clear title. Learn more in our guide Property Liens: What Buyers Need to Know.

Discover Easements and Restrictions

The search identifies easements, deed restrictions, and other limitations on property use. For more on these, see Easements and Your Property Rights.

Uncover Potential Problems

Experienced title examiners look for red flags that might indicate problems—missing documents, unusual transactions, recording errors, or anything that seems inconsistent with a clean ownership history.

What Records Are Examined

A comprehensive title search examines numerous public records, typically going back 40-60 years or more:

Deed Records

The primary source for tracing ownership history. Examiners review all deeds conveying the property to verify proper transfers from seller to buyer through history. They check for proper execution, delivery, and recording of each deed. Learn about different deed types in Understanding Property Deeds.

Mortgage and Lien Records

Records of mortgages, deeds of trust, home equity loans, and other security instruments. Also includes releases showing when loans were paid off. The search ensures any prior mortgages have been properly satisfied.

Court Records

Court cases can affect property titles in many ways:

• Divorce proceedings dividing marital property
• Probate cases transferring property through estates
• Lawsuits resulting in judgment liens
• Bankruptcy filings affecting property ownership
• Quiet title actions resolving ownership disputes
• Foreclosure proceedings

Tax Records

Property tax records reveal any unpaid taxes that could create liens on the property. Current and delinquent tax information is essential. Read more in Property Tax Basics for Homeowners.

Probate Records

When property owners die, their property may pass through probate. The search examines probate records to verify proper transfer to heirs or buyers. See Navigating Probate in Real Estate for more.

Survey and Plat Records

Recorded surveys and subdivision plats provide information about property boundaries, easements, and restrictions.

Other Records

Depending on the situation, examiners may also check:

• HOA or condominium records
• Building permit records
• Environmental records
• Federal and state tax lien filings
• Lis pendens (pending lawsuit notices)

The Chain of Title: Tracing Ownership History

One of the most important aspects of the title search is verifying the "chain of title"—the complete sequence of documents transferring ownership from owner to owner through history.

Why the Chain Matters

Each link in the chain represents a transfer of ownership. If any link is weak—due to forgery, improper execution, or other defects—subsequent transfers may be affected. A seller can only convey what they legally own, so a problem earlier in the chain can theoretically affect current ownership.

What Examiners Look For

• Proper grantor: Each deed should be from the party who received ownership in the previous deed
• Complete conveyance: All current owners must join in conveying the property
• Proper execution: Signatures, notarization, and other formalities must be correct
• Recording: Each deed should be properly recorded in public records
• Name consistency: Names should match from deed to deed (with acceptable variations explained)

The Title Search Process Step by Step

1. Order received: The title company receives an order for title search, typically from a lender, real estate agent, or buyer
2. Initial research: Examiners identify the property and determine what records need to be reviewed
3. Record examination: Using both online databases and physical record rooms, examiners review all relevant documents
4. Chain verification: The chain of title is traced and verified
5. Issue identification: Any problems, exceptions, or matters requiring attention are noted
6. Report preparation: Findings are compiled into a preliminary title report or commitment
7. Issue resolution: If problems are found, work begins to resolve them before closing

Understanding the Title Report

After the search is complete, you'll receive a preliminary title report (also called a title commitment in some states). This document is crucial—review it carefully and ask questions about anything you don't understand.

Key Sections of the Title Report

• Property description: Legal description identifying the property
• Current ownership: Names of current title holders
• Requirements: Items that must be satisfied before title insurance can be issued (like paying off existing mortgages)
• Exceptions: Items that will be excluded from title insurance coverage (like existing easements)
• Vesting information: How new ownership will be held

What to Look For

When reviewing your title report:

• Verify the legal description matches the property you're buying
• Confirm the seller's name matches who you're buying from
• Review all exceptions—understand what's not covered
• Ask about any requirements or issues that need resolution
• Understand what easements or restrictions affect the property

When Problems Are Found

Title searches frequently uncover issues that need resolution before closing:

Common Issues

• Unreleased liens: Old mortgages showing as unpaid despite being satisfied
• Judgment liens: Unpaid judgments against the seller
• Tax liens: Delinquent property taxes
• Name discrepancies: Names that don't match throughout the chain
• Missing documents: Gaps in the recorded chain
• Recording errors: Mistakes in filed documents (see Recording Errors and Your Title)

Resolution Process

The title company works to resolve issues before closing. This might involve obtaining releases, corrective documents, affidavits, or in serious cases, delaying closing until problems are resolved.

Title Search vs. Title Insurance

It's important to understand how the title search relates to title insurance:

• The title search identifies known issues before closing
• Title insurance protects against unknown issues that weren't discovered despite the search

Together, they provide comprehensive protection—the search catches most problems, and insurance covers those that slip through. Learn more in What Is Title Insurance?

The Bottom Line

The title search is a critical protection in your home purchase, revealing the true state of property ownership and identifying issues that could affect your investment. Understanding this process helps you appreciate the thorough work that happens behind the scenes and empowers you to review your title report knowledgeably.

Always review your preliminary title report carefully, ask questions about anything unclear, and work with experienced title professionals who will ensure your transaction closes with clear, insurable title.