How Does a Title Search Company Help Resolve Real Estate Title Encumbrance? -Guest Post

Resolve Real Estate Title Encumbrance

Since the covid outbreak, residential real estate in New Jersey has been in a frenzy. In 2020, prices grew by 12% overall and 15% statewide in 2021. In 2022, they are expected to rise by another 5%. The price rise in the New Jersey real estate market is owing to increased demand from the millennial generation, who are eager to move from a rented space to owning a home. It is an excellent opportunity for individuals planning to sell residential properties. But a successful real estate closing takes time and involves a lot of procedures. Apart from a realtor, you’ll need a title search company New Jersey because one of the major roadblocks in a real estate transaction is errors that result in a title encumbrance. Any lien, claim, or any other legal interest that impairs the title to a real estate is referred to as a title encumbrance.

When you acquire a property in New Jersey, the title to the asset is filed with the county where the property is located. A registry of all the parties who have an ownership stake in the asset is included in this title. There are different sorts of title encumbrances. They can hinder you from moving forward with a real estate transaction, so working with a title search business is critical when purchasing or selling real estate.

Types of Title Encumbrances

  • Mortgages are by far the most prevalent sort of title encumbrance. A mortgage is a financing option covered by the property being bought. If you default on your mortgage installments, the lender has the right to foreclose on the concerned real estate asset and seize it.
  • Failure to file a deed or other legal instrument with the county recorder’s office is among the most commonly encountered ways to wind up having an encumbrance on the title. This can happen when an owner wrongly believes a property has already been titled in their name.
  • Other possibilities to encumber the title include transferring or mortgaging a property using the incorrect legal form.

One of the most compelling reasons to go with a title search company New Jersey is that their staff can give you more thorough instances of common encumbrances that you may encounter.

How Does a Title Search Company Help in Resolving Title Encumbrance?

There are ways to resolve title encumbrances and restart the process. The primary step is to approach a title search company that would determine the nature of the restriction. It could be a mortgage or another legal claim on the property. After identifying the problem, the firm would guide you legally on clearing the encumbrances.

The title firm can also help you to strike an agreement with the previous owner to get the encumbrance removed. If that isn’t possible, you can take your case to court to get it settled.

Final Thoughts

Checking the title of a property before engaging in any real estate transaction is the greatest approach to avoid an encumbrance. This is where a title search business in New Jersey may help. Their dedication to quality and service will guide you through the title search process, ensuring that the title is clean and free for a smooth closing on your new residence.

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