Legal Question in Real Estate Law in California

Re: Title

Most title comanies will give you a copy of the most recent vesting deed for free or a small fee. To run a search on what liens or other clouds on title might exist, you may need to pay for a preliminary title report or something called a "lotbook" report. The might cost a couple hundred dollars, but it would give you a pretty good idea regarding the liens of record.

Re: Title

You will need to obtain what is called a ''property profile.'' Most title insurance companies provide that service for a cost. You may also have a mortgage broker obtain one for you. The profile will show who is on title and whether any abstracts or liens are recorded against it. If you'd like, call me and I will arrange one for you. Good Luck.

Re: Title

A title company can answer these questions. Or you can go to the county clerk's office and check the recordings on the property. This would be a lengthy and boring task. The cost of the title insurance would be a sound investiment in this case.

Re: Title

Most people determine the person who has title to a particular parcel of real property by ordering a preliminary title report. These are available from title companys, i.e. First Nation Title, First American Title, Transnation, etc.

The preliminary title report is not an absolute guarantee of title. To have that you need to purchase a policy of a title insurance. This is basically an insurance contract that guarantees that the person listed has title, subject to any liens or encumbrances, and if the title company is wrong, you are insured up to a certain value.

If you are talented enough, or perhaps patient enough, you can search title yourself. Every county has a County Recorder's Office, which contains something known as the Grantor/ Grantee Index. San Diego's index is online. In Los Angeles, you have to go to a satellite office to view a computerized version of the index. In LA, the index is only computerized back to 1992.

You can cheat and jump to a document by using information contained in the tax assessor's files. In LA, you can start this online. By entering the address, you can obtain the assessor's identification number also known as an assessor's parcel number. The tax office can tell you who is currently paying the taxes on that particular APN.

By using the index, you can obtain information regarding liens and encumbrances.

Very truly yours,

Re: Title

Finally, after you follow the preceding advice, be cautioned that being on "record title" is not necessarily dispositive and final as to "true" ownership. For example, the record owner may hold legal title as trustee for an equitable owner; the deed may be invalid due to fraud; there may be a mis-filed or unrecorded deed; there may be someone in adverse possession; and so forth. Note the many exceptions contained in title insurance policies.