Q) What is a property title search?
A) A property title search is a compilation of legal historical transactions of the property requested. The chronological report can be ordered to fit your individual needs and can range anywhere from a brief search of current owner and related transactions to a full Chain of Title Report with abstraction. This report dates to the original owner of the property to the current and includes all recorded documentation for download.

Q) What is the difference between Title Hawks property search and abstraction?
A) Out property search is determined by the package you have chosen. It is a comprehensive report based on recorded documents from the county assessor's office. Our property abstraction is the same except it will include all documents with the report. Depending on the county that the property is in, availability of the documents and price may vary. If a full property title abstraction is desired please contact us for a quote. Abstraction service can be requested as an additional service to any order at an additional cost.

Q) Does Title Hawks offer discounts for multiple property title searches?
A) Yes, please contact us so we can accurately quote your order.

Q) What area can Title Hawks perform property or abstraction service?
A) We can provide service to any state and county in the United States based upon availability in each independent county.

Q) Who should order a property title search?
A) Anyone who has an interest in a property. Homeowners, buyers, sellers, investors, real estate professionals, attorneys, insurance specialists and anyone involved in the purchase/sale, rental or has any vested interest in a property.

Q) What type of information does a property title report contain?
A) The report will be formatted in chronological order dating from most current transactions to however far back you have requested. Information included in the report include the legal descriptions of the property, all deed transactions, any liens and releases, grantees and grantor and an all inclusive history of any of the various transactions that affect the property and owner(s).

Q) Do I need title insurance even though I have the property title report?
A) It is always a good idea to obtain title insurance in the case that there has been an omission or error in the filing and recording of documentation with the county offices. During escrow the title report will be examined by the escrow officer. The title report determines the title insurance exposure and cost. The title insurance would be a part of the escrow closing costs.

Q) As a homeowner should I order a property title search?
A) Although not necessary, this document is an asset if you ever want to sell or refinance your property. This document should be kept with all other formal property paperwork. An updated report can be ordered at any time which is significantly less expensive than the full report which saves money on the bottom line.

Q) What are the requirements in my state in regards to a property title search?
A) We have provided a brief state by state summary of closing practices. Please see dropdown.

Q) Can I perform this search myself?
A) Yes, anyone can access the public records for their county. The difference in having Title Hawks perform the search is that we have professionally trained abstractors that know exactly what is required and ensure the chain of title has not been broken. We have extensive experience in this industry and can produce documents and reports for the escrow company as well as private parties.

Definitions

ABSTRACT OF TITLE

A summary or digest of all transfers, conveyances, legal proceedings, and any other facts relied on as evidence of title, showing continuity of ownership, together with any other elements of record which may impair title.

CHAIN OF TITLE

A history of conveyances and encumbrances affecting the title from the time the original patent was granted, or as far back as records are available, used to determine how title came to be vested in the current owner.

CLOUD ON TITLE

A claim, encumbrance or condition which impairs the title to real property until disproved or eliminated as for example through a quitclaim deed or a quiet title legal action.

DEED

Written instrument which when properly executed and delivered conveys title to real property from one person (grantor) to another (grantee).

FIRST TRUST DEED

A legal document pledging collateral for a loan (See “trust deed”) that has first priority over all other claims against the property except taxes and bonded indebtedness. That trust deed is superior to any other.

GENERAL LIEN

A lien on all the property of a debtor.

GRANTEE

A person to whom a grant is made.

GRANTOR

A person who transfers his or her interest in property to another by grant.

JUDGMENT

The final determination of a court of competent jurisdiction of a matter presented to it; money judgments provide for the payment of claims presented to the court, or are awarded as damages, etc.

JUDGMENT LIEN

A legal claim on all of the property of a judgment debtor which enables the judgment creditor to have the property sold for payment of the amount of the judgment.

LAND

The material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes free or unoccupied space for an indefinite distance upwards as well as downwards.

LEGAL DESCRIPTION

A land description recognized by law; a description by which property can be definitely located by reference to government surveys or approved recorded maps.

LIEN

A form of encumbrance which usually makes specific property security for the payment of a debt or discharge of an obligation. Example — judgments, taxes, mortgages, deeds of trust, etc.

MECHANIC’S LIEN

A lien created by statute which exists against real property in favor of persons who have performed work or furnished materials for the improvement of the real property.

MORTGAGE

An instrument recognized by law by which property is hypothecated to secure the payment of a debt or obligation; a procedure for foreclosure in the event of default is established by statute.

MORTGAGEE

One to whom a mortgagor gives a mortgage to secure a loan or performance of an obligation; a lender or creditor. (See definition of secured party.)

MORTGAGOR

One who gives a mortgage on his or her property to secure a loan or assure performance of an obligation; a borrower.

PLAT (of survey)

A map of land made by a surveyor showing the boundaries, buildings, and other improvements.

PROPERTY

Everything capable of being owned and acquired lawfully. The rights of ownership. The right to use, possess, enjoy, and dispose of a thing in every legal way and to exclude everyone else from interfering with these rights. Property is classified into two groups, personal property and real property.

PUBLIC RECORDSRecords which by law impart constructive notice of matters relating to land.

QUITCLAIM DEED

A deed to relinquish any interest in property which the grantor may have, without any warranty of title or interest.

REAL PROPERTY

Land and anything growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land.

RECONVEYANCE

The transfer of the title of land from one person to the immediate preceding owner. This instrument of transfer is commonly used to transfer the legal title from the trustee to the trustor (borrower) after a trust deed debt has been paid in full.

RECORDING

The process of placing a document on file with a designated public official for public notice. This public official is usually a county officer known as the County Recorder who designates the fact that a document has been presented for recording by placing a recording stamp upon it indicating the time of day and the date when it was officially placed on file. Documents filed with the Recorder are considered to be placed on open notice to the general public of that county. Claims against property usually are given a priority on the basis of the time and the date they are recorded with the most preferred claim going to the earliest one recorded and the next claim going to the next earliest one recorded, and so on. This type of notice is called “constructive notice” or “legal notice”.

RIGHT, TITLE AND INTEREST

A term used in deeds to denote that the grantor is conveying all of that to which the grantor held claim.

TAX

Enforced charge exacted of persons, corporations and organizations by the government to be used to support government services and programs.

TAX DEED

The deed given to a purchaser at a public sale of land held for nonpayment of taxes. It conveys to the purchaser only such title as the defaulting taxpayer had.

TITLE

Indicates “fee’’ position of lawful ownership and right to property. “Bundle of Rights” possessed by an owner. Combination of all elements constituting proof of ownership.

TITLE REPORT

A report which discloses the condition of the title, made by a title company preliminary to issuance of title insurance policy.

TORRENS TITLE

System of title records provided by state law (no longer used in California)

TRUST DEED

Just as with a mortgage this is a legal document by which a borrower pledges certain real property or collateral as guarantee for the repayment of a loan. However, it differs from the mortgage in a number of important respects. For example, instead of there being two parties to the transaction there are three. There is the borrower who signs the trust deed and who is called the trustor. There is the third, neutral party, to whom the trustor deeds the property as security for the payment of the debt, who is called the trustee. And, finally, there is the lender who is called the beneficiary, the one who benefits from the pledge agreement in that in the event of a default the trustee can sell the property and transfer the money obtained at the sale to the lender as payment of the debt.

TRUSTEE

One who holds property in trust for another to secure the performance of an obligation. Third party under a deed of trust.

TRUSTOR

One who borrows money from a trust deed lender, then deeds the real property securing the loan to a trustee to be held as security until the trustor has performed the obligation to the lender under terms of a deed of trust.

Uniform Commercial Code Financing Statement

UCC FINANCING STMT A mortgage or security agreement using personal property as the collateral. These agreements are recorded in county if real property is affected. Grantor: Debtor Grantee: Secured Party

VESTED

Bestowed upon someone; secured by someone, such as title to property.

WARRANTY DEED

A deed used to convey real property which contains warranties of title and quiet possession, and the grantor thus agrees to defend the premises against the lawful claims of third persons. It is commonly used in many states but in others the grant deed has supplanted it due to the modern practice of securing title insurance policies which have reduced the importance of express and implied warranty in deeds.