A title examiner acts like a property detective, investigating the legal history of real estate to confirm clear ownership. They perform a detailed title search by reviewing documents in public records—such as deeds, mortgages, tax records, and court filings—often spanning several decades. This process establishes a chain of title and uncovers potential legal obstacles, like liens, easements, encroachments, or errors that might cloud ownership.
Some common title issues examined include unpaid property tax liens, contractor liens (mechanic’s liens), easements granting legal use of land by others, encroachments of neighboring structures, errors or omissions in records, unknown heirs claiming ownership, forgeries, and undisclosed mortgages. Resolving these “clouds” on the title, sometimes through a curative process, is crucial before finalizing the property sale.
Unlike home inspectors who assess the physical condition of a property, title examiners focus exclusively on its legal standing. Their findings are summarized in a title commitment or report, which serves as the basis for issuing a title insurance policy. This insurance protects buyers and lenders from undiscovered title issues that could emerge after purchase, offering financial and legal security.
Most buyers do not hire title examiners directly; the search is usually arranged by the lender or closing agent as part of the home-buying process. Title examiners may be attorneys or trained professionals working for title companies.
For a deeper understanding of how title insurance protects property buyers, see our article on Title Insurance. For a detailed explanation of the process, technology, and risks involved, check Title Search.
Authoritative references include the American Land Title Association (ALTA) and the Consumer Financial Protection Bureau (CFPB), which emphasize the importance of thorough title examination and insurance for protecting real estate transactions.
