In such situation, title insurance will ensure that your back is covered if you later discover that there are issues that may prevent you from having
clear ownership of the property.
In a perfect world, no one would sell a home without triple - checking that they had free and
clear ownership of the property and could transfer the clean title over to you.
Not exact matches
A title search looks into the background
of a
property's title — that is, the document that shows proof
of ownership — to determine whether or not it's free and
clear of disputes.
In his Listen America Falwell contends that «the free enterprise system is clearly outlined in the Book
of Proverbs» and that «Jesus Christ made it
clear that the work ethic was a part
of His plan for man,» that
ownership of property is Biblical.»
Now, if the
property is not a primary residence but an income
property or a cottage then you could find yourself in a forced sale situation — where the CRA proceeds with the lien in federal court, prompting you to either pay your outstanding debt, or lose title and
ownership of the
property, which then goes through the legal procedure
of foreclosure and the home is then sold as a power
of sale, to
clear the debts.
Overall, the closing process seeks to answer three main questions: how likely you are to repay the mortgage, how much the
property is worth, and whether the
property has a
clear history
of ownership.
Clear Title: A title that is free
of liens and legal encumbrances on the
ownership of personal
property.
Clear Marketable Title A title that is free
of liens, encumbrances or legal questions as to
ownership of property.
An Affidavit
of Ownership can make
clear how you purchased or inherited a piece
of real
property or a vehicle.
Given the
clear mandate in the Final Decree that Wife is entitled to full
ownership in the subject
properties, it was the duty
of the family court to effectuate the division
of marital
property as written in the Final Decree.
Clear title just means that there are no other liens or claims against the
ownership of the
property.
128 DOS 93 Matter
of DOS v. Vuksanaj - motion to conform pleadings to proof granted where (i) additional evidence wouldn't have been presented if the charge had been stated in the complaint and (ii) issue was actually litigated and was within the «broad framework
of the pleadings»; broker's authorization to execute lease on behalf
of landlord must be in writing to be valid (G.O.L. § 5 - 703); no commission earned on void lease (due to lack
of written authority for broker to sign for landlord); broker is undisclosed «double agent» - thus «fails to make
clear» for which party he is acting (NYCRR 175.7); broker is not «managing agent» under NYC Rent Stabilization Code unless (i) broker has
ownership or financial interest in
property or (ii) performs managerial duties; separate escrow account (§ 175.1) not required when broker is not holding escrowed funds; holding funds overnight does not trigger requirement for escrow account (returned next day upon demand); unlicensed name used in commission agreement but lack
of intent to mislead considered in mitigation; restitution
of unearned commission
When you have no specific
properties in mind, a good Realtor ® with an intimate knowledge
of the local area and a highly professional approach to real estate will prove one
of the most invaluable contacts you will ever make on your journey towards
property ownership, because most
of the time, there will be an abundance
of properties to choose from, and having someone who can steer you
clear of certain
properties which do not fit your plans, or in areas that would not suit you, can save you valuable time.