AboutDick Dennis Expertise With more than 37 years as a real estate broker, I can solve most any problem presented. If I can`t, I do my research. Problems with mortgages, trust deeds, foreclosures, odd ways of conveying titles. Most any good Realtor can answer questions satisfactorily, but I answer questions that most cannot. Also, ask about my hard-copy newsletter.
Experience Problem solving since 1980
Organizations National Association of Realtors
Publications Publishes The Landed Gentry, guest writer in Who's Who in Creative Real Estate, First Tuesday, Financial Freedom and many newspapers
thank you for the time you spend on this site. i have read several of your past
answers and i can feel my knowledge expanding.
i am beginning to learn about real estate because my mom has had to move
abroad due to health reasons, leaving me with the task of selling her home
which is a warranty deed.
my first idea was to research the deed/title of the home. are deed and title
the same thing? i suspect i need to hire professionals to do this, but i want to
do if first hand initially so that when i work with some one i can have a
bearing as to their expertise and honesty.
sir, how can i go about a doing a title/deed search on my mom's home. i
called the court of the clerk here and the rep walked me through an internet
search and i can see the sales history of the home (3 sales) with the deeds
that i can print out.
is that all there is to a title/deed search? what is a warranty deed? what things
should i look for to know that she has clean title to this home? do you know
of a free resource for learning how to do title/deed searches?
thank you for your help,
victor
Answer First of all, Victor, I hope your mother either deeded her house over to you so you could sell it legally. Or, she gave you a "power of attorney." Otherwise, you'll probably have to hire a real estate attorney or a very knowledgeable real estate agent.
When you hold title to a house, it depends on how you hold title. If your mother was single when she moved overseas, the title would reflect the fact that she holds title alone. When she sells the house or conveys title without a sale, she would convey title on a Warranty Deed. Title, as you probably have surmised by now is merely telling the world to whom the property belongs.
When you're married, you probably own the property in a few ways, such as Joint Tenants, Tenants in Common, etc.
If you want to search the title to a property, it is always best to have the title company do it for you. That way, you know it is done right. When the title company does it, they know where to look to discover any liens or encumbrances you may not know was there. For example, maybe your mother borrowed money with her house as security. She may have forgot she did it. Or maybe there is a mechanic's lien because she had some work done on the house and she failed to completely pay that person off, so the lien stays on there until the house is sold or conveyed to someone else. Then that lien is cleared off the title at that time by paying whatever the lien is forl
You now know that a deed (Warranty Deed, Quit-claim deed, Grant Deed) are merely tools used to convey title or interest. I do wish you well.
