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Title Insurance

 

Owning a Home or Commercial Property


For many families, real estate is their most valuable asset. In Texas, laws exist to protect property owners, but buyers should be aware that others—such as heirs, lenders, contractors, the IRS, or government agencies—may still have legal claims against a property. These claims, called title issues, can remain attached to the property even after it’s sold, unless they are resolved.


Why Insurance Matters


Most people think of insurance as protection against future losses, like with car insurance. Title insurance is unique because it protects you from past issues—such as liens, unpaid taxes, or ownership disputes—that could affect your right to own a property. These risks aren’t always visible, but they can have serious consequences.


What Is a Title?


A title is a legal document that proves ownership of a property—like a house, commercial building, or piece of land. Titles can be purchased or inherited. Before buying, a title search should be done to ensure there are no unpaid debts, liens, or legal issues tied to the property.


What Is a Clear Title?


A clear title means the property is free from debts, liens, or disputes over ownership. Without one, another party could claim ownership, or you might inherit someone else’s debt. Common issues include:

  • Heirs with unrecorded claims.
     
  • Fraudulent deeds filed in public records.
     
  • Divorce or separation disputes.
     
  • Trusts or estates holding ownership rights.
     
  • Unpaid contractors or taxes that create liens.
     

Without a clear title, a sale can be delayed or even challenged.


How Clear Titles Work


A clear title ensures the owner has the legal right to sell. If a lien or claim exists, it must be resolved before the deed (the document officially showing ownership) can be transferred to the buyer. While properties can legally be sold with liens, lenders usually won’t approve mortgages until those liens are cleared.


What Is a Title Search?


A title search is a review of public records to confirm who legally owns a property and to identify any claims against it. Title companies handle this process for buyers and lenders to ensure a smooth, valid transaction. Attempting to do this yourself isn’t recommended—public records can be complex, and missing even a small detail can create costly problems later.


From start to signature, Southwestern Land and Title is here to guide, protect, and simplify your path to ownership.


Contact us today to learn more!

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