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The opinion of title is the legal opinion which attests to the validity of the title deed to a parcel of property. The opinion is sometimes issued in conjunction with an insuring title agency.
Title. n. 1) ownership of real property or personal property, which stands against the right of anyone else to claim the property. In real property, title is evidenced by a deed, judgment of distribution from an estate or other appropriate document recorded in the public records of the county.
A property title search examines public records on the property to confirm the property's rightful legal owner. The title search should also reveal if there are any claims or liens on the property that could affect your purchase.
A title opinion is a legal document and an important written communication between an attorney and his client.A thorough examination will reveal whether an owner has marketable title and will suggest curative measures to owners with title defects.
Title Insurance: The new alternative However, it is important to note that, unlike a title opinion, which attempts to assure good title and/or security, title insurance is meant to insure against the risks specified in the subject policy. In other words, title insurance only insures covered risks.
Many title issues can be resolved by filing one of three common documents: A quit claim deed removes an heir and clears up title among co-owners or spouses. A release of lien/judgment removes a paid mortgage or spousal or child support lien. A deed of reconveyance records payment of a mortgage under a deed of trust.
A party with a claim of ownership to land can file an action to quiet title, which serves as a sort of lawsuit against anyone and everyone else who has a claim to the land. If the owner prevails in the quiet title action, no further challenges to the title can be brought.
Errors in public records. To err is human, but when it affects your homeownership rights, those mistakes can be devastating. Unknown liens. Illegal deeds. Missing heirs. Forgeries. Undiscovered encumbrances. Unknown easements. Boundary/survey disputes.
A title opinion is the written opinion of an attorney, based on the attorney's title search into a property, describing the current ownership rights in the property, as well as the actions that must be taken to make the stated ownership rights marketable.