When approaching the process of searching title records, a helpful idea is not to look at property records as data. Whether you are an experienced abstractor, or a private citizen looking to find out information on a property, understand that property records are a collection of contracts. Each document filed for a property is a record of a specific event, and is a legal contract describing that event.
When approaching the process of searching title records, a helpful idea is not to look at property records as data. Whether you are an experienced abstractor, or a private citizen looking to find out information on a property, understand that property records are a collection of contracts. Each document filed for a property is a record of a specific event, and is a legal contract describing that event.
While each contract may have some numbers on it; (purchase price, mortgage amount, lien amount, date, address, etc. ) the numbers are not the most important reason for the document to exist. The document describes the intention of the parties to agree to a certain transfer of property rights. The recorded contract has hundreds or thousands of words, and only a handful of numbers. The words describe in detail the specific terms and conditions of the transfer.
In most cases, the language on the document is boilerplate text, identical or similar to hundreds of other documents. When searching title, it is tempting to overlook the language of the document, figuring it is the same as all the others you may have seen. It is important to double check to make sure that there is no details such as a remainder interest, contingencies, exceptions, or other conditions which might not be typical of the deed or mortgage.
More importantly, looking at land records as contracts and not data will help avoid trying to use simple “data” (such as online records) to do a good title search. It is a subtle difference in a point of view, but can make all the difference in crafting an accurate and complete title abstract.
Researchers who have only used electronic records may not have a deep understanding of how documents relate to each other, and what other records are referenced on the primary deeds and mortgages.
Seasoned professionals who can’t afford to risk a loss because of missed records or incorrect search results get a complete title search by looking past the data points on the records, and reviewing the documented contracts by hand.
Dave Pelligrinelli
TitleSearchBlog.com