How Should the Title Be Confirmed?

When listing a property, it is crucial to ensure that the title is correct and properly reflects ownership. Here’s what you need to know to confirm how the title should be:

1. Match the Deed:

   • The title should exactly match the name(s) on the recorded deed. This means that if the deed lists multiple owners, such as spouses or partners, the title should reflect all those names in the exact format as on the deed.

2. Legal Name:

   • Ensure that the title includes the full legal name(s) of the owner(s) as recorded in the deed. If there has been a recent name change, make sure the title reflects the updated legal name, supported by a name change certificate or other legal documentation.

3. Joint Ownership:

   • If the property is jointly owned, all owners should be listed on the title. The type of joint ownership (e.g., joint tenants, tenants in common) should also be accurately reflected according to what is specified on the deed.

4. Authorized Seller:

   • If you are selling the property on behalf of someone else, ensure the title includes your name as the authorized seller, along with the proper documentation, such as a Power of Attorney or Authorization Letter, confirming your authority to sell the property.

5. Trusts, LLCs, or Corporations:

   • If the property is held in a trust, or by an LLC or corporation, the title should reflect the name of the trust, LLC, or corporation exactly as it appears on the deed. The person signing for the entity should be properly authorized, and supporting documentation may be required to confirm this.

6. Clear of Liens and Encumbrances:

   • Ensure that the title is free of any undisclosed liens, encumbrances, or claims. A title search can help verify this and ensure that there are no legal issues that could complicate the sale.

7. Recent Transactions:

   • If the property was recently purchased or transferred, make sure the title reflects the most recent transaction. If the tax records or public records have not yet been updated, you may need to provide additional documentation, such as a Settlement Statement or Closing Disclosure.

Summary

To confirm how the title should be, ensure it matches the recorded deed, includes the correct legal names, reflects joint ownership if applicable, and is free of liens or encumbrances. If the property is owned by a trust, LLC, or corporation, the title should reflect this appropriately, with authorized signatories. Proper documentation should support any recent changes or special considerations.