Most buyers have no idea what happens during a title search. Here's a behind-the-scenes look at how title companies examine public records to ensure clear ownership.
The Title Search: Most Buyers Have No Idea What's Happening
Between contract ratification and closing day, your title company is doing a lot of work you'll never see. One of the most important pieces is the title search.
Knowing what's being searched for — and why it matters — helps you understand what you're paying for and what protection you actually have.
What Is a Title Search?
A title search is an examination of the public record to determine the current legal owner of a property and to identify any outstanding liens, encumbrances, or defects in the chain of title.
In plain terms: before you buy, someone is checking that the person selling actually owns it, that there are no mortgages or liens outstanding that could affect your ownership, and that there's a clean, unbroken chain of transfers going back decades.
Where the Search Happens
In Virginia, real estate records are maintained by the Circuit Court Clerk in each county and city. In Maryland, records are at the county Circuit Court. In DC, records are at the DC Recorder of Deeds.
What the Title Examiner Is Looking For
Chain of title: Can the examiner trace an unbroken chain of ownership from the current seller back through the property's history?
Outstanding mortgages and deeds of trust: Any lien from a prior lender that hasn't been properly released stays with the property.
Tax liens: Unpaid property taxes, IRS federal tax liens, and state tax liens can all attach to real property.
Judgment liens: Court judgments against the property owner can attach to real property they own.
Mechanic's liens: Contractors and suppliers who performed work and weren't paid can file mechanic's liens.
Easements: Recorded easements give others rights to use portions of the property — utility easements, access easements, drainage easements.
Covenants and restrictions: Deed restrictions, neighborhood covenants, and HOA documents can limit what you can do with the property.
The Title Commitment
After the search is complete, the title company issues a Title Commitment — sometimes called a Binder. This document lists what's covered, what exceptions exist, and what requirements must be satisfied before title insurance can be issued.
Review your title commitment carefully, especially the exceptions and requirements.
When the Search Finds Problems
Not every title issue kills a deal. Many are routine:
Existing mortgage not yet released: The seller's current lender will pay off and release their lien at closing. Standard procedure.
Prior lien for HOA dues: Typically paid off at closing from the seller's proceeds.
Estate or trust issue: May require additional documentation.
More serious issues: Forged documents, undisclosed heirs claiming ownership, errors in legal descriptions — these take longer to resolve and may require legal action.
Why Title Insurance Still Matters After the Search
The title search is thorough but not infallible. Records contain errors. Some claims aren't discoverable through a standard search — an heir in another state, a forged signature from 30 years ago.
Title insurance covers these post-closing discoveries. If a claim arises against your title after you've closed and purchased owner's title insurance, the insurance company defends the claim and pays losses.
At DMV Title Guy, our title examiners are experienced in DC, Maryland, and Virginia records. We find issues before closing — and when we can't prevent an issue from arising later, your title insurance is there.
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Pruitt Title serves buyers, sellers, and lenders across Virginia, Maryland, and Washington, DC. We make closing simple.
