What Is a Title Search
and Why It Matters

The Foundation of Every Real Estate Transaction

Before a title insurance policy can be issued, a title search must be completed. A title search is a thorough examination of public records to verify the property's ownership history and identify any claims, liens, or defects that could affect the buyer's rights.

Think of it as a background check on the property itself. Just as a lender checks your credit history before issuing a mortgage, a title search checks the property's legal history before issuing insurance.

What Does a Title Examiner Look For?

A qualified title examiner reviews records at the county clerk's office, tax assessor's office, and various courts. They are looking for:

• Chain of title: A complete history of ownership transfers, ensuring each deed was properly executed, signed, notarized, and recorded.
• Mortgages and liens: Any outstanding mortgages, tax liens, mechanic's liens, or judgment liens that attach to the property.
• Easements and restrictions: Rights that others may have to use the property (utility easements, shared driveways, HOA restrictions).
• Tax status: Whether property taxes are current or delinquent, and any pending tax sales.
• Court judgments: Pending lawsuits or judgments against current or prior owners that could affect title.
• Survey and boundary issues: Encroachments, overlapping claims, or survey discrepancies.

Common Issues Discovered During Title Searches

Approximately 25% of title searches reveal an issue that must be addressed before closing. Common discoveries include:

• Unreleased mortgages: A prior owner paid off their mortgage, but the lender never filed a satisfaction or discharge with the county.
• Tax liens: Federal or state tax liens filed against a current or prior owner.
• Judgment liens: Court-ordered debts that attach to the property owner's real estate.
• Missing heirs or probate issues: A deceased owner's estate was not properly probated, leaving questions about who has the legal right to sell.
• Clerical errors: Misspelled names, incorrect legal descriptions, or recording mistakes in the county records.

How Title Issues Get Resolved

When a title search uncovers a problem, the title company works to "clear" the defect before closing. Resolution methods depend on the issue:

• Unreleased mortgages are cleared by obtaining a discharge from the prior lender.
• Tax liens are paid off at or before closing.
• Missing heirs may require a quiet title action (a court proceeding to establish clear ownership).
• Clerical errors are corrected through corrective deeds or affidavits.

For a deeper look at title defects and their remedies, see our guide on common title problems and how they get resolved.

How Long Does a Title Search Take?

At Simplicity Title, we deliver most title searches within 48 hours. Complex properties -- those with long ownership histories, multiple liens, or estate complications -- may take longer. We communicate proactively with all parties so there are no surprises.

Why Experience Matters

Title searching is not just a records lookup -- it is a specialized skill that requires understanding of real property law, recording practices, and county-specific procedures. Our examiners have over 150 years of combined experience across New Jersey and New York. They know where to look, what to look for, and how to resolve issues efficiently.

Whether your transaction involves a straightforward single-family home or a complex commercial property, our team ensures that you go to closing with a clear title.