Leslie, Home Seller in Golden, CO

When buying a house who typically does a title search and how?

Asked by Leslie, Golden, CO Tue Jun 21, 2011

in golden, CO

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Mayailaa, Home Buyer, Fremont, CA
Thu Jun 11, 2015
The best answer is to hire an Attorney (in an Attorney State) or a title comapny (in a title state-most states are title states.)
But I wonder for what purpose you want the search? Title companies will ""Insure the title, in case they miss anything (not that terribly uncommon)

But yes the actual process is to go the City Clerks office and go into the vault and start researching. Each deed will reference other previous deeds and maps and liens, and you just follow the web of history until you get to the beginning. It is not for everyone. Best to do if you enjoy history, details and you are a patient person. It can be fun to learn the history of a property.

2 votes
Title companies only offer insurance or cover items that are in the public record. They don't cover unknowns such as a contractor lien which may not have been filed. We found no reason to purchase title insurance. The Title Commitment they provided to us listed 14 material exceptions to any title insurance policy they would issue.
Flag Fri Jan 29, 2016
Ritchy Haynes, , Denver, CO
Fri Oct 11, 2013
Lenders will do the title search for you and in Colorado most sellers pick the title company. Your lender will definitely notify you if a title problem exists or arises!
1 vote
Greentekfirst, Both Buyer And Seller, Dover, DE
Sat Nov 26, 2016
The buyer procures a title search as he or she wants to perform due diligence. The purpose of due diligence is to protect the buyer from any liabilities or unforeseen title issues that may arise during escrow. It is in the buyer's best interest to make sure that marketable snd equitable title can be conveyed to the buyer, from the seller without any conditions are liabilities. The title search itself is typically conducted by a certified company or certified Abstractor service. Many title research companies I.E. US Title Records, have access to County Title plants to provide preliminary title records and information prior to any exchange of monies.
0 votes
Lorraine Mor…, Agent, Steamboat Springs, CO
Tue Apr 5, 2016
In Colorado, a title company will do the title search prior to issuing insurance. They research documents which are recorded at the court house; commonly, these are online and can be accessed via an online service.
In response to "aoverbee" below, who stated that they found no reason to purchase title insurance as it only covered items of record; this is incorrect. What would be the point of insurance? There are multiple types of title insurance, and the extended coverage policies may only cost $50 to $100 more than the basic coverage. Never sell a property without paying for title insurance if it is available, and never purchase a property for which the seller does not purchase title insurance if it is available. The cost of the insurance is less than the cost of simply walking into your attorney's door, let alone dealing with a lawsuit. If you have title insurance questions, either a title company or your real estate broker will have good information garding title insurance. If you are not working with a real estate broker, you should consult a real estate attorney to advise you.
0 votes
Robert McGui…, Agent, Denver, CO
Sat Aug 31, 2013
Hi Leslie,

In most cases it is the title company. I have had good success with Chicago Title and Fidelity Title. That is the job of the title company and it almost always paid for by the seller except for rare situations. Hope that helps.

Robert McGuire
Your Castle Real Estate
0 votes
Jim Simms, Mortgage Broker Or Lender, Louisville, KY
Wed May 23, 2012
In my shop, the title company I trust the most. They go down to the court house and check the records to see what is owed against the property and the parties to the transaction. Have had more issues with judgments against the parties recently instead of against the properties.
0 votes
Judith Downes, Mortgage Broker Or Lender, Evergreen, CO
Wed May 23, 2012
The title company, selected by the listing realtor in a purchase, or selected by the lender in a refinance, unless you have a specific preference. there is a great one on Ruby Drive in Golden.
0 votes
David Janis, Agent, Boulder, CO
Tue Jun 21, 2011
Hi Leslie,

You can order one for yourself if you wish:

Normally ordered by the agents through the title company. The title company is also the one who insures the title.
0 votes
Sally Grenier, Agent, Boulder, CO
Tue Jun 21, 2011
As Michael stated, the title company handling the transaction does the title search. In Colorado, typically the Listing Agent & Sellers pick the title company, and often the title company also holds the buyer's earnest money in escrow.

A good agent will have title company do a "TBD" (to be determined) title search when the property is listed to know up front if there are any issues with the title company.

Once an offer is made, and the property is under contract, the title company will do a more thorough search and any clouds on title will have to be cleared before closing can take place. Title insurance policy is typically paid by both buyer and seller as part of closing costs.
Web Reference:  http://www.sallygrenier.com
0 votes
Michael Emery, , Minneapolis, MN
Tue Jun 21, 2011
The buyers title company will conduct a search on title prior to selling them a title policy and doing the closing work. Sometimes a listing agent will have their title provider do a 'quick search' to determine if their are any liens on the home as well as any other clouds on title. This is usually done prior to listing so there are no 'surprises' when the buyers title company goes to do the closing title work.
0 votes
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