Title Questions

Title examination is required for most real estate transactions to ensure that the property owner actually owns the property and that there are no negative easements, loans or liens against it. Our experienced real estate attorneys at KALIS, KLEIMAN & WOLFE support 1st Trust Title, which is a title company and closing agent that provides title insurance, escrow and other real estate closing services. 1st Trust Title is an approved agent of Old Republic National Title Insurance Company and Chicago Title Insurance Company. Collectively, we have over 70 years of experience with title searches and title insurance. We represents buyers, sellers, developers, banks and financial institutions that have an interest in establishing clear title to property.

A title report is ordered from one of several national title companies that maintain records of all real estate transactions that are filed in the local record books in the county in which the property is located. These filed documents provide a written history of the ownership of the property (chain of title) which can trace the title back for possibly decades. Our real estate attorneys conduct comprehensive title reviews to discover any issues that would make the property questionable or defective, including:

• Judgment liens (builder’s liens, lawsuits)
• Unpaid property taxes or special assessments
• Other tax liens (estate, inheritance, income or gift taxes)
• Unsatisfied mortgages
• Improper discharges
• Potential future use and development restrictions (easements)
• Property Survey Review

A licensed surveyor will prepare a survey that will show the property boundary lines and the location of any property improvements (home, garage, driveway, etc.). The survey will identify any encroachments upon the property or extending onto adjacent property. The survey will also review easements of record and any setback requirements resulting from local easements and the current conditions of the property’s grounds. Our attorneys will review and interpret the survey to determine if there are any inconsistencies that raise concerns and will alert the purchaser (buyer), seller or developer of the potential issues that need to be resolved and their options for moving forward.

Buying, selling, or developing residential or commercial real estate is one of the largest purchases or transactions you’ll ever make and if a real estate deal goes wrong or has complications, it can be devastating and costly. That is why you need experienced legal counsel like KALIS, KLEIMAN & WOLFE who regularly work with land owners, governmental land planners, surveyors, title companies, etc. Buyers, sellers and developers need a law firm who will perform a thorough title review and will look out for their best interest – not only handling their transactional matters, but are also able to litigate their real estate matters if necessary.

A complicated real estate situation requires a law firm that will articulate the legal complexities in plain language so that you fully understand your options and are empowered to make well-informed choices. If you need assistance in a real estate matter or title review, please contact us. We welcome your inquiries.