Ignite FB Tracking PixelHow to know if your property title is clear - Kimberly Jokela
RE/MAX Hallmark Realty
Kimberly Jokela, RE/MAX Hallmark Realty Phone: (239) 595-8270
Email: [email protected]

How to know if your property title is clear

by Kimberly Jokela 02/18/2024

To sell a home and transfer ownership to a new owner, the property must have a clear title. Clear titles are documents proving legal ownership rights for the property in question. Without a clean title, the sale cannot move forward, and both buyer and seller might face hefty fees.

Here are some of the most common questions about titles and title insurance:

What is a clear title?

A clear title is any title with no lien from creditors or anyone who poses questions regarding legal ownership. A clear title-holder is the true owner of the property, and no one else can assert a judicial claim against them.

How does a clear title work?

Having a clear title can show the home has outstanding financial obligations, as it proves an owner can sell the property. Sale of property may become disputable without a clearly titled document or the proper ownership of the property itself. The existence of a lien can also possibly invalidate ownership.

Conducting a title search

Property title professionals can help find the details about ownership of a given property. The first stage in title clearing is title research, or title examination. During the process, the title company pulls the records pertaining to the title of the property from the local records office.

Depending on the age of the home and the municipality, title companies may conduct searches either through digital

Uncovering title issues

If there are issues discovered during the title research phase, they are known as title liabilities or "clouds" on the title. These indicate any issue which could block an unopposed owner's ownership for a long time.

What is title insurance?

Title insurance protects a potential buyer or mortgage lender in the event there are clouds on a title. The seller typically pays for an owner's title insurance policy, but lender's title insurance can also factor into the equation.

Finding out about claims against a title can cause delays and incur expensive administrative fees, but an insurance policy can provide coverage for risks like falsified documents or flawed records.

Understanding title insurance and the risks of title defects will help you be a more informed buyer or seller. When in doubt, work with a real estate agent or insurance professional for more guidance regarding legal claim to a property.

About the Author
Author

Kimberly Jokela

Meet Kimberly Jokela:

With a genuine passion in people Kimberly loves helping her clients make their real estate dreams or needs come to life! Specializing in Luxury, Vacation, Retirement or Investment properties.

Born and raised in the midwest in a family with a strong work ethic, filled with creativity & dedication.

Her determination lead her to attend college at the "Philadelphia Performing Arts" where she had the opportunity to follow her passion in the Arts & to travel. Living in California with her husband Rick for 15 years together they built a successful business. After the birth of her beautiful daughter Brittany, seeking a "small town” coastal lifestyle, they took a trip to Naples Florida & fell in love with all it has to offer and made the jump!

With now over 17 years experience as a licensed Realtor serving Naples, Bonita Springs, Marco Island, Estero & Fort Myers.

A great listener, negotiator & connector, Kimberly is dedicated to helping her clients looking to BUY their ideal Florida property! 

Her warm & friendly personality is present in everything she does on her clients behalf!

Kimberly’s creativity & "out of the box" thinking gives her clients the extra leverage they need when SELLING a property.

Her well organized marketing includes professionally produced photography, video, drone imagery, media presentation in print, numerous online websites & social media!