Purvis Title Search Lawyer

Title Search Attorney in Purvis, MS

You’ve just purchased your ideal house, the one you’ve been daydreaming about forever. You begin the process of moving, and then someone comes up to you, saying they have a legal claim to your new home. For some property buyers, this is unfortunately a reality. If you are thinking of buying property in the Purvis area, you can save yourself a legal headache—and possibly some heartache, too—by hiring a Purvis title search lawyer.

About the Law Offices of Perry W. Phillips, PLLC

When you need legal advice about something as important as real estate, you want an experienced, knowledgeable Purvis title search attorney on your side. At our firm, Perry W. Phillips and Jay Rodgers have over five decades of combined experience, serving clients in Mississippi. As an Estate Planning Lawyer, we approach every case we take on with care and a quality-first mindset. Our Purvis office is located at 99 Main Street, and we look forward to meeting you.

What Is a Title Search?

As of 2022, 69.93% of adults in Mississippi owned their homes. A title search is an important part of the home-buying or property-buying process, both for homeowners and business owners. A title search is the process of reviewing ownership records on the property you want to buy, with the goal of identifying any possible legal barriers to the sale. Completing a title search lets a potential buyer be sure that the property they are about to buy has a clean title. 

What Kinds of Problems Could Come Up in a Title Search?

Real estate is a major investment, and buyers rightfully want to know that, when they purchase a property, they will not inherit someone else’s financial problems or face legal battles over the sale. Overall, title searches turn up some kind of problem about 25% of the time. The following are some issues that could be revealed through the process of a title search:

• Liens on the property. If the property’s previous owner used it as collateral for a loan or a lien was placed for some other outstanding debt, that could significantly complicate closing the sale. Some examples of non-mortgage liens include those placed for tax debt or contractors whom the previous owner did not pay.
• Questions of ownership. It seems like determining who owns a piece of property should be straightforward, but it sometimes is not. For example, a family member of a home’s previous owner may try to claim ownership of the property based on a will or some other document.
• Property easements or restrictions. An easement is an agreement between a property owner and another party that allows the other party to use part of the owner’s property in some way. For example, a neighbor’s fence may be a foot or two inside the property line. Restrictions, however, can limit what a property owner can do with the property, such as prohibiting construction in a certain area.

What Could Happen If You Don’t Do a Title Search?

When prospective property owners neglect to complete a title search, the decision opens them up to potential legal problems. Here are a few possible negative consequences of skipping this important process:

• Legal disputes. If you close on a property and a problem, like an outstanding lien or a question of ownership, comes up later, you might end up in court to settle the matter. This comes with legal fees, time commitments, and a lot of stress.
• Financial losses. Aside from any legal fees associated with settling title disputes, it is possible for outstanding liens on your property to become your responsibility. All this can get very expensive very quickly.

When Should You Hire a Title Search Lawyer?

You should hire a title search lawyer as soon as you are serious about closing on a house or other property. The sooner you enlist legal counsel, the sooner your attorney can use the title search laws to begin finding and reviewing the title history on the property. When the title search is complete, your lawyer can provide a full report on the ownership history of the property. This is called a chain of title, and it should clearly demonstrate any barriers, or lack thereof, to your purchase.

FAQs About Title Search Law

Where Do Title Search Lawyers Look for Property Records?

When a lawyer conducts a title search, they check a few places for property records. For properties in Purvis, the first place the attorney would search is the Lamar County Chancery Clerk. A thorough title search should also include checks with the Lamar County Circuit Clerk to look for any outstanding liens, along with the Lamar County Tax Assessor to look for unpaid property taxes.

How Long Does It Take to Complete a Title Search?

How long it takes to complete a title search on a property can vary widely, depending on how old the property is and how complex its ownership history is. Turnaround time can also depend on your attorney’s schedule and caseload. For newer homes or properties, searches may take as little as a few business days. Older properties with more complicated histories might take a couple of weeks.

Can Title Problems Be Resolved Before Closing?

Yes, in many cases, problems that come up in a title search can be resolved, and the prospective purchase can ultimately move forward. Some findings may cause prospective buyers to back out of a real estate deal, but this is certainly not the most common outcome. In some cases, problems arise from simple clerical errors, which can be corrected relatively easily.

What If There Are Problems That a Title Search Does Not Catch?

A title search is a great step for prospective property buyers to take, as it can protect them and their investment, but it is always possible for an issue to arise later. It is wise for property buyers to purchase a title insurance policy, which can safeguard them from possible financial losses arising from title issues. Your title search lawyer can also help you if something comes up later. 

Contact the Law Offices of Perry W. Phillips, PLLC

If you are in the process of buying a property, a title search is an important step that should not be taken lightly. You need a seasoned, knowledgeable attorney to protect your investment. Contact the Law Offices of Perry W. Phillips, PLLC, today to learn how we can help you with your title search case.