Title Search

A title search is a review of public records — county deed records, court judgments, tax records, and lien filings — to establish a clear "chain of title" confirming who legally owns a property and whether any outstanding claims exist against it. It is typically conducted by a title company or real estate attorney hired by the buyer or lender. The CFPB title insurance explainer covers what a title search checks and how long it takes. Most lenders require a title search and a lender's title insurance policy before funding any mortgage.

A title search examines: (1) Deeds and ownership history — the chain of ownership from original grant to current seller; (2) Mortgages and liens — outstanding loans, mechanics liens, HOA liens, or judgment liens against the property; (3) Tax records — unpaid property taxes or special assessments; (4) Easements and rights-of-way — utility, access, or encroachment easements; (5) CC&Rs and deed restrictions — covenants limiting how the property can be used; (6) Probate and court orders — estate transfers or disputes affecting title. Any "cloud on title" must be resolved before closing.

A title defect (or "cloud on title") is any outstanding claim, encumbrance, or irregularity that affects a property's ownership. Common defects: unpaid mechanics lien (contractor not paid by prior owner), estate heir who never signed a deed, forged or missing signature in the chain, undisclosed easement, or property tax lien. Resolution depends on the defect: a tax lien is paid from sale proceeds at closing; a missing heir may require a quiet title lawsuit (months-long process); a forged deed may require title litigation. If the defect cannot be resolved, the sale will not proceed until it is cleared. CFPB guide on title and title insurance.

A title search is a historical review — it checks records that are publicly available. It can miss defects that are not in the public record: forged documents, unknown heirs, errors in public records, or claims from off-record rights. Title insurance protects against those residual risks. There are two types: (1) Lender's title insurance — required by almost all mortgage lenders, covers the lender's interest up to the loan amount; (2) Owner's title insurance — optional but strongly recommended, covers the buyer's equity interest. Owner's policies are a one-time premium and last as long as you own the property. Read the title insurance glossary entry for premium costs and coverage details.

A standard title search takes 3–7 business days, though rush searches (1–2 days) are available for a fee. Cost ranges from $150–$500 depending on the property history complexity and geographic market. Title searches on rural properties with complex ownership histories, estate properties, or properties with many prior liens take longer and cost more. The title search fee is typically included in your closing costs and appears on the Loan Estimate in Section C (Services You Can Shop For). CFPB Closing Disclosure guide shows where title fees appear at closing.

An abstract of title is a condensed written history of all recorded documents affecting a property's title — deeds, mortgages, liens, judgments, and taxes — compiled by a title abstractor from public records. It is the source document that a title examiner (attorney or title officer) reviews to issue a title opinion or title insurance commitment. In some states, attorneys provide a title opinion based on the abstract rather than a title insurance policy — these are called "attorney opinion letter" states. The American Land Title Association (ALTA) is the industry body that sets standards for title searches and insurance.