Examination of public land records and other title evidence to identify ownership, liens, encumbrances, and defects before closing.
A title search is an examination of public land records and other title evidence to identify the current owner, the chain of ownership, liens, encumbrances, and defects that may affect a sale or mortgage.
A title search matters because a seller can possess a home without having a record that is ready for transfer. An unreleased mortgage, judgment, tax claim, missing deed, incorrect legal description, or competing ownership interest can prevent the title insurer from protecting the buyer and the lender’s lien as proposed.
The search reduces uncertainty but is not a guarantee that no title risk exists. Public indexes can contain errors, documents can be recorded under another name, and some possession, boundary, marital, inheritance, or construction facts may not appear in the record. Title providers use affidavits, surveys, underwriting procedures, and Title Insurance alongside the record examination.
For the lender, the search supports a separate question: can the new mortgage or deed of trust obtain the required Lien Priority? A borrower can satisfy credit underwriting while the property still fails title review.
In a purchase, the settlement or title provider usually orders the search after the contract is accepted. In a refinance or home-equity transaction, the provider searches the current owner’s title and the liens already affecting the property.
The examiner evaluates the evidence under state law and underwriting standards. The results help shape the Title Commitment: Title Requirements identify what must be completed, while Title Exceptions identify matters the proposed policy will not insure against.
An apparent claim or inconsistency can create a Cloud on Title even before anyone proves that the claim is valid. The title provider must decide what evidence or cure is required rather than simply ignoring a disputed record item.
Near closing, a Title Bringdown checks for new matters recorded since the earlier effective date. That check helps manage the Gap Period before the deed and lender’s security instrument appear in the public record.
Borrowers may see a Title Search Fee or bundled title-service charge on the Loan Estimate and Closing Disclosure. Disclosure labels and shopping rights depend on the transaction and lender’s provider requirements.
| Evidence | Borrower-facing purpose |
|---|---|
| Deeds and other conveyances | Trace ownership into the current seller or borrower |
| Mortgages, deeds of trust, and assignments | Identify liens, holders, and releases that may affect priority |
| Judgments, tax records, and recorded liens | Find claims that may need payoff, release, or underwriting review |
| Easements, covenants, and restrictions | Identify continuing rights or limits affecting the property |
| Probate, divorce, trust, or entity documents | Confirm authority and interests when ownership is not a simple individual transfer |
| Legal descriptions and plats | Confirm that the instruments concern the intended parcel |
| Lis Pendens and other pending-action notices | Identify litigation that may affect title or transfer |
The exact search period, records, and supplemental evidence vary by state, property, and policy type.
A title search for a refinance finds a mortgage recorded 15 years earlier. The borrower paid that loan, but no satisfaction appears in the county records. The proposed lender will not assume the old lien disappeared merely because the balance is zero.
The title provider obtains a Release of Lien or another acceptable state-specific cure. It then updates the search before closing so the new mortgage can be insured in the required position.
Title search differs from Title Insurance because the search identifies and evaluates title evidence. The policy provides contractual protection against covered risks, subject to its exclusions, exceptions, conditions, and amount.
It differs from Title because title is the legal ownership interest, while the search is an examination of evidence about that interest.
It differs from a Title Commitment because the commitment is the insurer’s conditional obligation to issue a proposed policy. It is not merely a list of search results.
It differs from a Property Survey because a survey compares the legal record with measured conditions on the land. A title search is primarily a records examination.