Title Examinations and Title Insurance
The Law Office of R.W. Bross, P.C., we conduct thorough title examinations and coordinate comprehensive title insurance coverage for every transaction in Dawsonville and North Georgia.
What is a Title Examination?
A title examination is the comprehensive real estate record search process that identifies all legal interests in a parcel of land. In Georgia, this process involves researching various public record indices for a period covering up to 50 years, then manually reviewing the underlying title documents. The Law Office of R.W. Bross, P.C. performs detailed title examinations as a critical first step in every real estate closing.
The Title Search Process
Identifying Legal Ownership: The most important objective of a title search is confirming the legal owners of the property. We trace the chain of title through historical deeds, ensuring the seller possesses the legal authority to transfer ownership.
Reviewing Property Records: Our examination includes reviewing public records such as historical deeds, liens, mortgages, court judgments, easements, and restrictive covenants that may affect the property. We analyze land records, property tax records, and all information available in the public records office.
Discovering Encumbrances: The title examination identifies matters that will continue to affect the property after closing, including restrictive covenants, rights of way, easements, and boundary line agreements. We also uncover liens that must be satisfied at or before closing, as well as defects that require resolution.
Determining Marketability: Georgia law requires sellers to deliver good and marketable title, meaning title that is free of substantial defects or encumbrances. Our examination ensures buyers receive legally sound ownership with no hidden surprises.
Common Title Issues We Identify
Liens and Financial Claims: Various types of liens can attach to property, including mortgages, tax liens, mechanic’s liens, judgment liens, attorney liens, and liens from foreclosures or bankruptcies. While mortgages are typically simple to identify and resolve, other liens may be hidden or improperly recorded. Our thorough search uncovers all financial claims requiring satisfaction before closing.
Clouds on Title: When property changes ownership, there should be a clear chain of transfer or custody. A “cloud on title” refers to an uncertain history in the chain of custody that could allow previous owners or other parties to claim ownership rights. We investigate any gaps in the ownership history to protect buyers from future claims.
Defects and Restrictions: Beyond liens and ownership issues, numerous other matters can impact property titles. Easements grant third parties rights to use portions of the property for specific purposes. Incorrect legal descriptions in prior deeds can create confusion about property boundaries. Border disputes with neighboring landowners may exist. Environmental restrictions can limit how the land may be developed or used. Our examination identifies all restrictions affecting the property’s value and usability.
Title Insurance Protection
Even the most thorough title examination cannot guarantee absolute protection against all future claims. Title insurance provides financial protection against losses from title defects, liens, or other issues that may arise after closing.
How Title Insurance Works
Title insurance differs fundamentally from other types of insurance. Rather than protecting against future events, title insurance protects against past events that were unknown at the time of closing. The one-time premium paid at closing provides coverage for as long as the policyholder or their heirs maintain an interest in the property.
Types of Title Insurance Policies
Owner’s Title Insurance: Protects the buyer’s investment in the property by covering legal fees and financial losses if title defects surface after closing. This policy typically equals the purchase price of the property.
Lender’s Title Insurance: Protects the mortgage lender’s interest in the property. Most lenders require this coverage as a condition of financing.
Standard vs. Enhanced Coverage: Standard title policies exclude coverage for matters that would be revealed by a current survey. Enhanced policies provide survey coverage in return for a higher premium, though coverage for structures other than the main dwelling may have limited coverage, high deductibles, and low maximum limits. We help clients determine which coverage option best suits their situation.
The Importance of Surveys
Neither a survey nor title examination substitutes for the other. A title examination searches real property records but does not disclose matters of survey. A survey depicts boundary lines and improvements on a property but excludes matters of title. For optimal protection, buyers should obtain both a new survey and comprehensive title examination. The Law Office of R.W. Bross, P.C. reviews surveys against title work to identify any discrepancies or concerns.
Our Title Examination Standards
Georgia law and State Bar of Georgia Title Standards govern title examination practices throughout the state. We adhere strictly to these professional standards while focusing on practical protection for our clients. Our goal is securing marketable title that is free from defects reasonably expected to expose purchasers or lenders to the hazard of adverse claims or litigation.
Comprehensive Title Services Include
50-Year Title Search: We research public records covering at least 50 years to establish a complete chain of title, as required by Georgia standards.
Attorney Title Opinion: Upon completing our examination, we provide a detailed title opinion identifying all matters affecting the property and recommending solutions for any issues discovered.
Title Commitment Preparation: We prepare title commitments outlining the conditions under which title insurance companies will issue policies.
Title Insurance Coordination: We work with leading title insurance companies to secure appropriate coverage for owners and lenders.
Title Defect Resolution: When title issues arise, we work diligently to resolve problems before closing, whether through obtaining releases, satisfying liens, or securing curative documents.
Why Title Work Matters
Purchasing real estate without proper title examination and insurance creates substantial financial risk. Imagine buying and developing property only to have a previous owner come forward months or years later with a legitimate ownership claim. Undiscovered liens could result in foreclosure proceedings against your newly purchased property. Restrictive covenants might prohibit your intended use of the land. These scenarios illustrate why comprehensive title services are essential to every real estate transaction.
Protection Through Knowledge
The Law Office of R.W. Bross, P.C. combines meticulous research, legal expertise, and practical experience to protect your real estate investment. Our thorough title examinations uncover issues before they become problems, and our title insurance coordination ensures financial protection against unknown defects. We explain title matters in clear terms, ensuring clients understand exactly what they are buying and what protections they possess.
Schedule Your Title Services
Whether purchasing your first home, acquiring commercial property, or refinancing an existing mortgage, trust The Law Office of R.W. Bross, P.C. for comprehensive title examination and insurance services. Our experienced team serves Dawsonville and all surrounding North Georgia counties with the attention to detail your investment deserves. Contact our office today to discuss your title service needs and experience the confidence that comes from knowing your property rights are fully protected.
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