QUESTION

How do I prove that there are no liens on property?

Asked on Jan 12th, 2012 on Real Estate - Texas
More details to this question:
We are attempting to refinance our home. We also own two other tracts of property. We are being asked to provide that there are no liends on those properties. I have provided the gift deeds for the properties, the company has pulled a credit report which does not show additional loans with property as collateral. What else is needed to prove that there are no loans/liens against these two properties?
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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It sounds as if your lender is asking that you put the other two tracts up for additional collateral as a condition to refinancing your home.  In other words, in the event of a default, the lender could foreclose on those properties too, if that was required to generate enough money to pay their debt.  Your lender is asking for an opinion letter from an attorney, or a title insurance policy that includes all the properties.  A real estate attorney will examine the background title and either provide an opinion letter to the lender (if the lender will be satisfied with that), or he will provide the bank with a title insurance commitment.  A title insurance commitment is a guaranty that a title insurance policy will be written to the bank after the bank's mortgage or deed of trust is recorded.  An examination of the title requires researching the public records for a period of 40 to maybe 60 years, reviewing all deeds, easements, etc that affect the property and determining whether there are any liens or other encumbrances against the property.  Each such document must be located and reviewed.  Before hiring an attorney to do that work, you should find out precisely what the lender wants and then ask your attorney to communicate with the lender if there is any doubt about it. Unless the lender plans to close the transaction itself, a lawyer will probably be asked to close the loan.  It may be that you will be given the opportunity to select the closing attorney.  You should ask your lender if you can do that.  If so, then you can ask your closing attorney to examine the title.   In some areas, attorneys do not examine titles and write title insurance policies.  Instead, title insurance companies do that work directly.  If that is the case in your community, there may still be a closing attorney involved in the closing.  In that event, he/she can see to the ordering of appropriate title work. 
Answered on Jan 13th, 2012 at 2:41 PM

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