What is a Preliminary Title Report?

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Published on May 14,2023
Eda Mendoza

What is a Preliminary Title Report?

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Preliminary title reports are essential documents in real estate transactions that provide buyers with vital information about their prospective property. Title companies issue them after a thorough title search, and they represent a list of outstanding issues not covered by title insurance policies.


This article will explore the importance of preliminary title reports, how to read and interpret them, common issues found in these reports, what affects they may have on the value of a property, and more. Will also discuss the differences between preliminary reports and title reports, as well as the coverage options and purchasing process for obtaining title insurance.

 

Understanding Preliminary Title Reports: What You Need to Know

A title report verifies the current property owner and ensures there are no outstanding liens or encumbrances on the property. It is issued by a title company after conducting a thorough title search and represents a list of issues that may not be covered by a title insurance policy.


Obtaining a preliminary title report is essential to performing a full title search to verify a clear chain of title and eliminate any potential risks associated with purchasing a property.


Title insurance policies provide additional protection for buyers who invest in real estate. Some policies are written to cover just the lender and loan amount, while others offer coverage for the entire property purchase price.


It is important to note that although a preliminary report provides essential information, it does not guarantee a clear title, as underlying issues may exist that were not uncovered during the initial search.


Real estate attorneys can help identify and resolve any problems found in the report. They will also advise buyers regarding tax liens which take precedence over other types of liens, mortgage liens being second in line, followed by judgments or assessments against the seller or prior owners of record.


They will review any easements or rights-of-way associated with the property that must be considered before closing on any transaction.


Foreclosure properties being sold 'as-is' should be reviewed closely as these transactions contain greater risks due to limited disclosures from sellers who may have already vacated at the time of sale or lack knowledge about past ownership details or issue resolution strategies.

 

What Is a Preliminary Title Report, and Why Do You Need One?

A window into the past, a preliminary title report is an invaluable tool for verifying ownership and ensuring a clear chain of title - one that should not be overlooked by anyone considering investing in real estate.


It provides essential information buyers need to know before they commit to a purchase. Preliminary title reports are issued by a title company after a thorough search of public records. The report will disclose any outstanding liens or encumbrances on the property, including tax liens, mortgage liens, and easements or rights-of-way associated with the property.


Getting a preliminary title report is necessary before finalizing and closing any real estate transaction. In addition to providing this essential information, many lenders require buyers to purchase Title Insurance Policy as part of their loan package. This policy will insure the buyer against losses resulting from disputes over ownership or other issues not covered by the preliminary title report.


While there are some policies written only to cover the lender and loan amount, others are written to cover both parties for the entire purchase price of the property. It should be noted that while obtaining a preliminary title report can help identify potential problems before they become costly mistakes, it is important to remember that it is not always enough protection on its own; real estate attorneys can help identify potential issues and resolve them to close without complications or delays.


Foreclosed properties or bank-owned homes may still have outstanding taxes owed, which must be paid before any transaction occurs. These properties often come with "as-is" clauses meaning all responsibility lies with the buyer once purchased. As such, it is important for all prospective buyers of real estate (both residential and commercial) to understand what exactly is included in their preliminary title report so that they can make an informed decision about their investment – whether they decide to proceed with their purchase or opt-out altogether due to existing issues revealed in their report disclosure.

The Importance of Reviewing Preliminary Reports Before Buying or Selling a Property

 

The Importance of Reviewing Preliminary Reports Before Buying or Selling a Property

Before investing in real estate, it is important to understand the importance of reviewing a preliminary report which provides essential information regarding ownership and any outstanding liens or encumbrances on the property.


Here are some of the key points to consider:

  • The report includes a legal description of the property and dates of all prior sales, and names of all parties listed.
  • Tax liens take precedence over other types of liens, while mortgage liens are listed below tax liens and must be paid in order.
  • Any easements or rights-of-way associated with the property are included in this listing as well


It is important to remember that although a preliminary title report will provide valuable insights, it does not guarantee a clear title or replace purchasing an adequate title insurance policy.


To ensure that you have full knowledge before moving forward with your real estate transaction, it is highly recommended that you get a title report done by a reputable company. In addition, obtaining an additional title insurance policy can provide further peace of mind knowing that you are fully protected against any potential problems during your purchase process.

 

How to Read and Interpret a Preliminary Title Report

The first section of a preliminary title report outlines all current ownerships, including exceptions listed in the relevant deed of trust or lenders' policies. This section also details any outstanding liens on the property, such as unpaid taxes or judgments, which can affect future ownership rights and obligations.


The second section lists any conditions and restrictions associated with the property due to local zoning ordinances or other regulations that could impact its usage or development potential.


The third section outlines all liabilities associated with past ownerships, which must be cleared before a purchase can proceed. Liabilities include unpaid taxes, mortgage payments that are past due, contractor liens against the property owner, judgments levied against them by creditors or government agencies, or even fraud committed by previous owners. All liabilities must be addressed before closing so they do not become the responsibility of new buyers after the purchase.


Most lenders require purchasers to secure a title insurance policy in order to protect their investments should unforeseen issues arise after closing due to discrepancies found in public records regarding ownership rights or obligations on behalf of either party involved in the transaction. A properly reviewed preliminary title report helps ensure that all parties involved have identified any possible risks before entering into a real estate agreement involving transferring ownership rights from one person/entity to another.

 

How to Resolve Title Issues Found in a Preliminary Title Report

When faced with title issues found on a preliminary title report, it is important to know the steps necessary to resolve them before closing on a home purchase.


Resolving title issues can include:


1. Obtaining a new type of title insurance policy that covers any existing encumbrances, liens, and unpaid taxes;


2. Having the seller and buyer agree upon an agreement for the deed wherein the seller will remain responsible for all encumbrances after the sale of the property; and


3. Having the buyer assume responsibility for all encumbrances before or after the sale of the property.


Regardless of which option is chosen to address these issues, it is essential that both parties are in full agreement regarding ownership of a property and its associated liabilities before transferring title to real property.


Any property liens must be paid for clear ownership to transfer from one party to another. This can be accomplished by having cash available at closing or issuing additional mortgages if needed.

 

 

The Role of Title Insurance in Protecting Your Property Rights

Title insurance policies provide essential protection for property rights by covering any existing encumbrances, liens, and unpaid taxes.Title insurance is a policy that protects buyers from financial loss due to defects in the title of a property or encumbrances against the title.


In most cases, a title insurance policy is issued at closing once all issues with the preliminary title report have been addressed.


Unless there are unresolved matters such as tax liens or other liens on the property, the buyer will be insured against them under the terms of their policy.


The primary purpose of a title insurance policy is to insure against any claims made by third parties who may have an interest in or claim over portions of the real estate being purchased.


This type of coverage typically covers any outstanding mortgages, deed of trust documents, judgments, and conditions of titles not revealed during the initial search process.


It also protects against mistakes made in recording legal documents related to ownership transfers, errors in deeds or wills, and fraudulently recorded documents that could affect ownership rights.


In addition to protecting buyers from financial loss due to unforeseen problems with their new home's properties or deed restrictions, some title policies offer additional coverages such as attorney fees incurred if legal action is necessary for defense against claims on title and reimbursement for lost rental income due to delays caused by disputes over clear titles.


Some lenders require borrowers to obtain owner's coverage as part of their loan agreement which can provide added peace of mind going forward since it will protect them from losses should someone make a claim against their property's clear title at any point down the line after the purchase has been completed.

 

Why You Should Get a Preliminary Title Report Before Closing on Your Home

 

Why You Should Get a Preliminary Title Report Before Closing on Your Home

It is important to obtain a preliminary title report before closing on a home to ensure that there are no unexpected issues with the property's clear title, such as unpaid taxes or liens, which could cause significant financial loss.


For example, if an owner had failed to pay their property tax and it was listed as an outstanding debt on the preliminary title report, they would need to resolve this issue before closing in order to protect themselves from any potential losses associated with this claim.


Title reports provide essential information buyers need to know before investing in a property, including legal descriptions of the property and dates of all prior sales, and names of all parties listed. Any encumbrances or rights-of-way associated with the property are included in the report as well.


It is important for buyers or sellers who are considering buying or selling a property to have a preliminary title report issued in order for them to be able to make sure that everything is in order and that there are no hidden problems waiting for them once they close on their new home. A real estate attorney can also help identify and resolve any potential issues that might arise during the process of obtaining a title report. These professionals will offer invaluable advice when it comes time for buyers or sellers to issue a title insurance policy and complete their purchase transaction.

 

Who Pays for the Preliminary Title Report and How Much Does It Cost?

Obtaining a preliminary title report is an important step in the home buying process, and understanding who is responsible for paying for it and how much it will cost can be invaluable knowledge. In general, the buyer of the property pays for the preliminary title report; however, this may vary depending on the situation.


Here are three key points to consider when considering the cost of a preliminary title report:


1. The cost of a preliminary title report typically ranges from $75 - $250 dollars and is often used to verify current property ownership and a clear chain of title as well as look for any outstanding liens or encumbrances on the property.


2. A buyer should also consider purchasing title insurance which provides protection against potential losses that may arise due to issues with the property's legal description or prior owners not disclosed by the preliminary title report.


3. The price of title insurance varies but is usually a percentage of the loan amount, so buyers should be aware that they may need to pay both upfront costs associated with obtaining a preliminary title report as well as additional fees related to purchasing an insurance policy before closing on their new home

 

How Long Does It Take to Receive a Preliminary Title Report?

Understanding the timeline for receiving a preliminary title report is essential to ensure a successful real estate transaction. The process of obtaining a title report begins with a thorough title search, which verifies the current property owner and ensures there are no outstanding liens or encumbrances on the property. This search is conducted by a qualified title company and can take anywhere from one to three weeks, depending on the complexity of the property's history.


Once complete, an independent review of the results is conducted by an experienced real estate attorney to confirm the accuracy and assess any potential risks associated with ownership.


The next step in this process involves ordering a preliminary title report from the same title company that performed the initial search. This document provides buyers with invaluable information about their prospective purchase, such as dates of prior sales, names of all parties involved, legal description of the property, tax liens, and other types of liens (mortgage lien takes precedence over other types), any easements or rights-of-way associated with it, etc. It also includes a checklist of items needed to finalize and close out their real estate transaction.


The time it takes for buyers to receive their preliminary title report varies greatly because it depends upon several factors such as the availability of records at local courthouses or government offices; the number of documents required; accuracy and completeness of documents already submitted; response times from third party companies involved in processing paperwork; etc.


Nevertheless, most reports are usually delivered within two weeks after ordering, but some may take longer if any issues arise that need further investigation


It should be noted that although helpful in providing important information about ownership interests in a given piece of real estate, preliminary title reports are not guarantees that clear titles will be issued at closing, nor do they provide buyers with assurance against potential losses due to undisclosed defects or errors found during subsequent examination by lenders or insurers after closing. Therefore, having adequate time available for professionals to appraise each aspect related to purchasing is paramount for achieving desired outcomes when acquiring properties via traditional methods.

 

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What Happens After a Preliminary Title Report is Issued?

Once the preliminary title report is issued, it is important that all parties involved in the transaction review and understand any potential risks associated with owning or purchasing a property. This includes understanding any tax liens that take precedence over other types of liens and verifying that all mortgage liens listed below tax liens are paid off in full.

Buyers should be aware of any easements or rights-of-way associated with their prospective homes' titles, as these may have an impact on future use or development plans for their properties. If there are questions about what exactly is included in the report, buyers can consult with a real estate attorney who can help identify and resolve problems outlined in their reports.

In some cases, such as foreclosed properties or bank-owned properties sold 'as-is,' no preliminary title report will be available, and additional research into past ownerships must be conducted through public records searches instead.

Furthermore, even when a preliminary title report has been issued, this does not necessarily guarantee that there are no issues present regarding ownership and transferability of titles; only an actual binder from an underwriter will provide assurance here and should always be requested by either party involved in closing out a real estate transaction.


Can Preliminary Reports Affect Property Value?

A preliminary title report can provide essential information that buyers need to assess any potential risks associated with owning or purchasing a property and thus may affect the value of the property.


A title report includes:

  • The legal description of the property
  • Dates of all prior sales and names of all parties involved in those sales
  • Any existing liens or encumbrances on the property
  • Any easements or rights-of-way associated with the property
  • An itemized list of items needed to finalize and close the real estate transaction.


The purpose of a title search is to verify a clear chain of title, no outstanding liens, encumbrances, or restrictions that can potentially reduce ownership interest in a particular property.


Title searches are conducted by a third-party professional, such as an attorney, who will perform research on public records and documents to provide assurance that there are no further claims against a given piece of real estate.


If any issues arise from the preliminary report, they must be resolved before closing on a purchase. Title insurance policies exist to protect both lenders and buyers from losses due to errors made during the title search process.


These policies often come with terms and conditions attached, which require payment upfront for coverage in case something arises later down the line that was not discovered during the initial search process. The existence of these policies can help protect buyers financially when buying real estate, but it is important to note that they do not necessarily guarantee full protection against any unforeseen circumstances related to title issues; therefore, it is important for buyers to carefully review their title binder prior to closing on any purchase agreement.


How to Obtain a Preliminary Report for Your Property

Obtaining a preliminary report for your property is an important step in the real estate transaction process, as it provides essential information that buyers need to know before investing and can make up to 95% of title claims.


In order to obtain this type of report, you must hire a professional such as an attorney or real estate agent, who has experience in performing these types of searches. They will be able to identify problems on the report and help you resolve them quickly so you can move forward with purchasing your property without any issues.


You should always take care to ensure that all documents are accurate before signing anything related to real estate transactions – mistakes made here could end up costing you thousands in fines or even prevent you from being able to purchase the property at all.


When it comes time to close on your home purchase, it's essential that you have all necessary paperwork prepared beforehand, including your preliminary title report. This document will give everyone involved peace of mind because it ensures there are no hidden liens or encumbrances against your new home, which could lead to costly problems down the line.


Additionally, if there are any discrepancies found during closing due to incorrect information contained within this document, then those issues may need to be addressed prior to finalizing your sale contract – thus making obtaining an accurate preliminary title report even more important!


Preliminary Reports vs. Title Reports: What's the Difference?

In the real estate transaction process, understanding the difference between preliminary and title reports is essential in order to protect one's investment and ensure a successful purchase.


A preliminary report is an initial inspection of the property in question to verify current ownership, clear the chain of title, and determine any liens or other encumbrances affecting the title.


A title report, on the other hand, is a comprehensive review of all public records related to the property. It contains information regarding ownership interest in the property as well as any liens or easements associated with it.


Here are some key differences between these two types of reports:


Preliminary Title Report: Verifies current owner and a clear chain of title, ensures no outstanding encumbrances on property; issued by the title company after a thorough search; represents a list of outstanding issues not covered by an insurance policy; necessary for real estate transaction


Title Report: Provides essential info buyers need to know before investing; includes legal description, dates & names of prior sales parties; tax liens take precedence over other types; mortgage lien listed below taxes must be paid in order; easements/rights-of-way included


Title Insurance Policy: Policies written to cover lender/loan amount or entire purchase price; preliminary report only lists current owner & issues not covered by insurance


The importance of understanding these two types of reports cannot be understated - they provide critical information that buyers need before making any decisions related to their purchase. A binder from a reputable title company should also be obtained when possible, which will contain both the preliminary report and title report for easy reference.


Enlisting help from a real estate attorney can help identify and resolve problems on either type of report if needed.


Understanding Title Insurance: Coverage Options and Purchasing Process

Purchasing a title insurance policy is an important step in the real estate transaction process. Title insurance helps protect buyers from any potential issues with the property's title, such as unpaid taxes or liens against the property.


While it may be tempting for buyers to skip this step and rely solely on a preliminary title report, understanding the benefits of purchasing a title insurance policy can be beneficial for protecting their interest in the property.


A title search is typically performed by a real estate agent or escrow company to verify that there are no outstanding liens or encumbrances on the property prior to closing. The results of this search are then presented in the form of a preliminary title report which outlines all of these issues and provides legal descriptions of the property.


Although this document can help alert buyers to certain problems with ownership, it does not provide them with protection against future claims made against their interest in the property.


Title insurance policies provide additional coverage beyond what is outlined in a preliminary title report. These policies are typically written to cover either just the lender and loan amount or both parties involved in the purchase at full purchase price value, depending on what type of policy is purchased.


A real estate attorney can also help identify any potential issues that may arise from unresolved problems listed on the preliminary report before proceeding with closing documents so that both parties have peace of mind throughout each part of the process leading up to closing day.