A title attorney helps to protect your rights as a homeowner by ensuring that your home has a title that’s free and clear. Working with a title attorney helps ensure a smooth real estate transaction. They research legal ownership, correct title defects and file legal documents.
What Does a Title Attorney Do?
A title attorney can protect your title, review contracts, and provide expert legal advice. They are especially handy to have on your side when there are complex issues or contingencies in a real estate transaction.
In addition to handling legal questions, a title attorney can help with multiple legal problems that may arise. They can file complaints, resolve liens on the property, or locate missing mortgage satisfaction records. Title attorneys can provide invaluable advice and guidance through the closing process and are knowledgeable about the laws of your state regarding real estate and inheritance.
Why You Need a Title Attorney
If you’re taking out a mortgage on a new house, the lender will usually require title insurance, which protects you and the lender if a title search turns up legal issues. A title insurance company typically covers problems that arise before you take ownership, and it’s generally a good idea to purchase it when you’re buying a house.
A title attorney goes a step further, solving many of the potential problems that can arise between a buyer and a seller.
“Sometimes there might be something incorrect written on a deed that needs to be fixed, or it might have a wrong name on it,” says Daniel Stoner, a real estate attorney based out of Pittsburgh, Pennsylvania. Fixing problems with “quiet title” is a big part of his process.
“A quiet title is when there’s a disparity between what the title says about the ownership of the property and the actual reality as to what’s going on,” Stoner says. “Statutes of inheritance can come into play as well,” such as when a property owner dies. Title attorneys can even research the genealogy of a past owner to find the rightful heirs and can take action to ensure the title is corrected and updated.
“I had a case once of a lady who got a property from her father,” Stoner says. She found out there were two parcels to the property; the only one in her name was for the backyard and the house she was living in.
“The last deed of record was from 1925, so we had to bring a quiet title action to fix that problem,” Stoner says. “It also involved doing some genealogy of his family, because we had to find the proper heirs to serve. That was an interesting one that involved a lot of research and work to get done.”
Finding the right title attorney for your real estate transaction ensures there aren’t any surprises, like not owning the real estate you thought you owned.
Questions to Ask Potential Title Attorneys
When you find a title attorney, you’ll want to know their experience and specialties. They could be an excellent lawyer but not have the right experience to help you solve your problem.
Here are a few questions to ask prospective real estate attorneys during your call to be sure you find the right fit.
- What is your real estate experience?
- Are you familiar with the laws and regulations in my local area?
- Do you have experience in handling title disputes?
- Do you specialize in residential real estate or commercial real estate?
- How do you approach negotiation and conflicts of interest?
- How (and how often) do you communicate with clients?
- Do you work in a team or on your own?
- What are your fees, and what services are included?
- Do you carry malpractice insurance?
The Bottom Line
Title attorneys solve issues that arise from defective titles and provide legal support and protection during a real estate transaction. They can bring legal action to cure title defects and provide legal advice. Title attorneys can be an invaluable resource when you’re dealing with complicated or messy titles.
If you need to find a title attorney, ask friends, family or your real estate agent for their recommendations. You can also look at bar associations to find a licensed attorney in your area. With a title attorney’s support, you can ensure your next real estate transaction is smooth and thorough.
Mary Beth Eastman is a freelance writer and authority on mortgages, real estate, home buying and other personal finance topics. She holds a bachelor's degree in Journalism from Bowling Green State University, and her work has appeared in major national brands including U.S. News and World Report, CNN, Newsweek, Wall Street Journal and Fox Money.
