What Happens During a Title Search?
When buying or selling a home, one of the most critical—but often misunderstood—steps in the process is the title search. While it happens behind the scenes, a title search plays a major role in protecting buyers, sellers, and lenders from legal and financial issues associated with property ownership.
So what exactly happens during a title search, and why does it matter so much? Let’s break it down step by step.
What Is a Title Search?
A title search is a detailed examination of public records to confirm a property’s legal ownership and uncover any issues that could affect the transfer of the title. The goal is to ensure that the seller has the legal right to sell the property and that there are no hidden claims.
Title searches are typically conducted by a title company, real estate attorney, or title agent before closing on a property.
Why Is a Title Search Important?
A property’s title is its legal history. Without a proper title search, buyers risk inheriting serious problems, such as:
A title search protects everyone involved by identifying these issues before money changes hands.
Step 1: Reviewing Public Records
The title search begins with a thorough review of public records, often stored at county offices or online databases. These records include:
Deeds
Mortgages
Tax records
Court judgments
Probate records
Divorce settlements
The title professional traces the property’s ownership history—often going back decades—to establish a clear chain of title.
Step 2: Verifying Legal Ownership
One of the most important tasks is confirming that the seller is the legal owner of the property and has the authority to sell it.
The title search checks:
That the name on the current deed matches the seller
That no missing or improperly recorded transfers exist
That all past ownership changes were legally valid
Any gaps or inconsistencies must be resolved before closing.
Step 3: Identifying Liens and Financial Claims
Liens are one of the most common issues uncovered during a title search. A lien gives a creditor legal rights to a property until a debt is paid.
Common liens include:
If a lien is found, it usually must be paid off or released before the title can transfer cleanly to the buyer.
Step 4: Checking for Easements and Restrictions
A title search also reveals easements and restrictions that affect how the property can be used.
Examples include:
Utility easements
Shared driveway agreements
Access rights for neighboring properties
Zoning or land-use restrictions
HOA rules and covenants
While easements don’t prevent a sale, buyers should understand them fully before closing.
Step 5: Searching for Legal Issues and Claims
Legal matters tied to the property can create serious complications. During a title search, professionals look for:
Pending lawsuits involving the property
Bankruptcy filings affecting ownership
Probate issues if the owner passed away
Divorce settlements involving the home
Claims from heirs or undisclosed owners
These issues must be resolved to avoid future ownership disputes.
Step 6: Reviewing Surveys and Boundary Issues
Some title searches include reviewing surveys to confirm property boundaries. This helps identify:
Boundary issues may require legal correction or negotiation before closing.
Step 7: Issuing a Title Report
Once the research is complete, the title company prepares a title report (also called a title commitment or preliminary title report).
This document outlines:
The legal owner of the property
Any liens, easements, or restrictions
Issues that must be resolved before closing
Conditions required for issuing title insurance
Buyers, sellers, lenders, and agents review this report carefully.
Step 8: Resolving Title Issues
If problems appear in the title report, they must be resolved before the sale can proceed. Common resolutions include:
Most title issues are resolved without delaying closing, especially when discovered early.
Step 9: Issuing Title Insurance
After all issues are resolved, the title company issues title insurance. This protects buyers and lenders from future claims related to unknown or undiscovered title defects.
There are two main types:
Title insurance provides long-term protection for as long as the buyer owns the property.
How Long Does a Title Search Take?
A typical title search takes anywhere from a few days to two weeks, depending on:
Older properties or homes with multiple past owners may take longer.
Who Pays for the Title Search?
Payment varies by location and contract terms. In some states, the buyer pays; in others, the seller does. Often, the cost is bundled with other closing expenses.
A title search is relatively inexpensive compared to the protection it provides.
What Happens If a Title Search Is Skipped?
Skipping a title search can expose buyers to:
Even with a trusted seller, a title search is essential because many issues are hidden in public records.
Final Thoughts
A title search is one of the most important steps in any real estate transaction. It ensures that ownership is legitimate, that debts are cleared, and that buyers receive a property free of hidden claims.
While it may not be the most visible part of the closing process, a proper title search provides peace of mind, legal protection, and confidence that your investment is secure.
Whether you’re buying your first home or closing your tenth deal, understanding what happens during a title search helps you make smarter, safer real estate decisions.
Learn more about our comprehensive title insurance services here.
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