“Title attorneys ensure that we will handle all real property transactions properly. They ensure that buyers can get financing for their purchase, that the seller owns the property they sell, and that the parties can conduct these transactions in the first place.”
Real Estate Title Attorney can also offer other legal services in real estate deals. They can, for instance, assist clients in drafting wills or contracts related to property ownership or advise clients on the best way to settle disputes with neighbors or third parties.
In other words, a title is evidence of ownership of resources, be they tangible or intellectual. Inheritance or purchase of titles is two ways to get titles.
There are certain competencies that title attorneys need to be able to perform their duties. After looking at resumes, we were able to find the most commonly used capabilities needed by someone who works in this role. Many resumes mention analytical abilities, interpersonal skills, and problem-solving capabilities.
What are Title Attorney Job Duties?
A title attorney generally has many obligations, which could include the following:
- Helping clients file suits or responding in response to suits.
- Revision and draft of contracts, wills, and trusts, along with other forms of legal documentation
- Communication with clients regarding the status of their cases and keeping them informed.
- In negotiations for settlements with opposing counsel to resolve cases
- Researching the legal aspects of the relevant subjects to back the case’s argument
- Examining laws in place to determine.
- Making motions that request specific actions from a judge.
- Representing the client in court and negotiating settlements and agreements with opposing parties
- Drafting motions and pleadings that detail the facts of a matter and demand the intervention of a court
Titles have three components: ownership, occupation or possession, and the right to possess. Titles come in two types: personal property and real estate.
Personal Property Titles
A personal property title entitles an individual to own items that do not fall under the real property category. All movable property rights are parts of it as well.
Tangible property or material falls into the first category, which is personal human property. Animals, jewelry, and merchandise fall into this category.
There is also intangible personal property, which refers to neither material nor tangible items. A few examples include copyrights, patents, bonds, and stocks.
Real Property Titles
Property such as cars and real estate has a title that conveys ownership, unlike personal property.
Put another way; the title must be clear, meaning creditors cannot claim ownership after extending credit to a borrower. An unresolved building code violation may constitute a bad title if the title needs clarification.
Types of Real Estate Titles
There are several forms of real estate ownership. Real estate ownership can take the following forms:
- Two or more people hold a real estate title through tenancy in common. In a tenants-in-common arrangement, each tenant holds title to their property. Individuals can transfer or encumber their titles. It is also possible to leave ownership to a loved one through a will.
- The joint tenancy of real estate involves two or more individuals holding the title jointly with equal rights during the lifetime of each individual.
- A sole owner holds a title as a legal person or entity. Sole owners are usually singles or married couples who hold their property apart from their spouses. Businesses can also hold sole ownership of real estate if their structure allows it.
When we need to transfer a house title, what should we do? A Simple Steps Guide
Identifying the different types of legal documents.
Identifying the type of deed you will use is the first step in transferring a house title. There are different types of legal documents available depending on who will own the house and how much protection you want to provide. Agreements of this type include;
- A general warranty deed- transfers the property and all related interests from a seller to a buyer. With this type of deed, the buyer will be safe from any actions of the seller and previous owners that might jeopardize the quality of the title.
Real estate sales usually involve this type of deed. Be sure you know the house’s ownership history before signing this contract because you will be responsible if a problem arises.
- Special warranty deed — this legal document is like the general warranty deed but protects the title from defects during property ownership. As a result, you cannot mitigate claims that arose before your property ownership.
If you sell your property to someone unfamiliar, you can use this deed furthermore if you are still determining the property’s past.
- Quitclaim deed-It is a deed that transfers your interest in property to someone else with the help of this deed. Due to its low level of protection for buyers, this type of binding agreement is risky. A divorced spouse can convey the property to friends, family, or family.
Identify the grantee
An individual who receives a house title is known as the grantee. It would help if you had a grantee when you sell, gift, or transfer a house: the grantee’s name, address, and other identifying details in some states. One person, a group of people, or an organization can be the grantee.
A real estate attorney can prepare the best legal agreements.
Drafting the legal document yourself is an option. Drawing up a warranty deed can be challenging, however. A real estate attorney best prepares legal agreements as a rule of thumb. They can provide you with advice regarding deeds and transfers of ownership. We can simplify the transfer process by hiring an accredited and experienced lawyer.
You should review the deed.
You should review the deed after the attorney prepares it to ensure all the information is accurate. Wait to sign the deed.
Signature on the deed.
Notaries public must witness the seller’s (or sellers’) signature on the deed. The notary certifies that the signature on the agreement is indeed that of the individual whose name appears on it. You may need other witnesses depending on your state’s laws. Grantors are not required to sign deeds.
Recording the deed
Taking a house title to the county records office for filing is the final step in the transfer process. To complete the transfer, you pay the appropriate fees and taxes. The new owner has now successfully acquired the title to the house.
Ultimately, transferring a house title can be a time-consuming and challenging process. If you want to transfer property ownership, follow these simple steps.
Problems with Title in Real Estate
Past Ownership Claims
There may have been laxity in how the land or home changed hands early on. During probate, the original owner may have overlooked transferring the land title to their child. Without complaints, this error may have gone unnoticed for years.
To force the property owner to pay a debt, liens are placed on the property. The most common lien against the property is the mechanic’s lien, which ensures a contractor gets paid. However, other creditors may also attach liens to a property.
As a right-of-way promise, an easement is made by the original landowner to another. For example, the owner may have guaranteed the neighbor that they would have access to the neighbor’s garage if the neighbor drove across a certain part of the property.
You should consult a real estate lawyer to understand how they will handle it under local law.
Buyer’s Protections against Title Defects
A defective title can cause several problems when you buy a new home, but there are several things you can do to minimize them. When you buy a home, it’s a good idea to hire someone to do a title search for you.
By reviewing the title index, the title company reduces the chances that a claim will arise in the future.
In case of questions about a title, easement, or lien in the future, most real estate attorneys are happy to assist you.
You can purchase title insurance to protect yourself from financial problems that might result from a later discovery of a title problem. The purchase of a home typically includes title insurance.
Advantages of Hiring a Real Estate Title Attorney
A title company functions for the title insurance company, which is not the buyer or the seller. Once we hire an attorney, they represent the client throughout the transaction. The title company’s role is to draft the closing documents needed by the title insurance company to conclude the transaction and issue their title insurance policies.
Title agents don’t have law degrees and cannot offer legal advice. The seller/buyer cannot contact the title company for help or guidance if there’s a problem or concern. Title agents cannot offer advice on this issue, but an attorney can. Realtors, and the seller/buyer, gain from working with attorneys because an attorney can review the contract and address legal questions throughout the negotiation process; title companies cannot do this.
Title agents cannot draft contracts, addenda to the contract, fix issues in the sale contract, address non-standard forms, or rectify legal issues that impact titles. This is crucial since if a problem occurs, corrective documentation may need to get or develop.
Attorneys can tell on the most appropriate approach to address the issue and prepare the necessary documents that title agents can’t. Based on the situation, the title agent may have sent parties to find an attorney to address specific issues. A lack of an attorney can delay the closing or make the deal fall completely.
The cost of employing the services of a title firm as opposed to. Attorneys are similar. These costs are the same regardless of whether an attorney or title agent is helping in the process. In certain situations, an attorney could reduce costs for the parties because they can double as an attorney and title agent. But a title agent can only do the same.
Real Estate Title Attorney save You Time and Stress
Because title agents aren’t lawyers, they can’t offer legal advice. They can’t also fix any legal issues they find in your title to your home. If you find a legal issue when buying a home, this could result in an uneasy situation. Process. Naturally, this will be fine for some. However, you’ll need an attorney when you want to add an amendment to the contract or change the entire contract. You can avoid this burden by consulting an attorney to begin with.
Your Rights and Title Insurance: The Importance of Both
Some problems are fairly easy to find when buying or selling a home. We need professional inspections to uncover construction defects, mold, flooding, or other structural defects.
Still, if the inspector does their job and the seller and seller’s agent are forthright, these issues should be found before the sale closes. However, title issues about the land the building sits on often don’t surface until much later, when questions arise about who owns some or all of the land.
Due to this, title searches and insurance are integral parts of any real estate transaction. In contrast to other types of insurance, title insurance protects against events that might happen in the future: a car accident, a house fire, or an unexpected death. Nevertheless, title insurance protects against existing claims, defects, and strange events. Insurance policies protect owners and lenders against other people claiming ownership rights, improperly recorded documents, fraud, forgery, liens, encroachments, easements, and other items listed in the policy.
The search and examination process may uncover only some defects, which is why title insurance is so important. Property owners, buyers, and sellers may have major problems with title defects.
Even a small title defect can cause problems for a seller. With a clear title, a potential buyer may be able to obtain a loan to purchase the property. Some examples of title defects include:
- The public record contains errors.
- Liens that remain undercharged
- Liens unknown
- Acts of illegality
- Interests unaccounted for by heirs or others
- Fraudulent acts
- Encumbrances undiscovered
- There are unknown easements.
- Disputes over boundaries/surveys
- Undiscovered potential
Generally, the title insurance underwriter will be responsible for clearing the title and paying legal expenses associated with adverse claims arising from the above issues if a property owner is faced with adverse claims based on those issues and those issues are specifically covered by a title insurance policy.
To remove liens and get a clear title, your attorney can assist you in making your claim with your title insurer. To ensure you receive the coverage you deserve, your attorney can take legal action against the title insurer if they deny your claim.
If you need an attorney for title or another kind of lawyer, our staff of Attorney Law Firm is here to help. We deal with real estate law, so we’re uniquely positioned to assist new homeowners in their purchases. With our Real Estate Title Attorney’s helpful service and legal knowledge, we can assure you we’ll complete it promptly. Contact us now to find out more.