How to Perform a Title Search: Steps, Liens, and Defects

Performing a title search means working through county public records to confirm who legally owns a property and to surface any liens, easements, or claims attached to it. The work has two halves: tracing the ownership history backward to build an unbroken chain of title, and pulling the separate indexes that record financial claims and usage restrictions. You can do a preliminary search yourself using records that are public and generally free to access in person, though a mortgage lender will require a professional search and a title insurance policy before closing.

What to Gather Before You Start

County records are indexed by owner name and parcel number more often than by street address, so a few identifiers make the search much faster:

  • The current owner’s full legal name as it appears on the deed, which may differ from a name they commonly use.
  • The property’s street address, useful for narrowing but rarely the primary index key.
  • The legal description — either a lot and block number in a platted subdivision, or a metes and bounds description that traces the boundary using directions and distances.
  • The assessor’s parcel number (APN), sometimes called a tax identification number, assigned by the local tax assessor.

You can pull the legal description and parcel number from a prior deed, a property tax bill, or the county assessor’s website. Starting with the parcel number is usually the fastest route because it sidesteps confusion caused by common names or renamed streets.

Where Property Records Live

Public land records are maintained at the county level, in the office of the county recorder, clerk, or register of deeds. The exact name varies by jurisdiction. These offices hold every recorded deed, mortgage, lien, easement, and related instrument affecting real property in the county, and state recording statutes require them to be accessible to the public.

Many counties now offer online portals to search recorded documents remotely. Coverage varies. Some allow free basic searches by name or parcel number; others charge per page or per session. Older documents may not be digitized at all, so a property with a long ownership history often requires an in-person visit to review paper ledgers, microfilm, or plat maps. Recently recorded instruments tend to appear in the digital index quickly, because most counties now accept electronic filings that are indexed within hours.

Which state you’re in also affects how competing claims are ranked. In a race-notice state, the most common framework, the first buyer to record their deed without knowledge of a prior unrecorded claim wins.1Legal Information Institute. Race-Notice Statute That priority rule matters when records conflict, so it’s worth knowing which one your state follows before you interpret what you find.

Building the Chain of Title

The chain of title is the unbroken sequence of ownership transfers from some starting point in the past to the current owner. Constructing it is the core of the search, and you work backward through time.

Start in the county’s grantee index, which lists everyone who has received property by deed, alphabetized by the recipient’s name. Find the current owner as a grantee. The entry shows who transferred the property to them (the grantor), plus the recorded deed’s volume and page number. Pull that deed. Then look up that grantor as a grantee — finding who transferred the property to them — and continue the pattern, stepping backward through each prior owner. Most title professionals trace the chain back 30 to 40 years, though the exact period depends on the jurisdiction and whether the state has a marketable title act that limits how far back the search must go. Roughly half of U.S. states have adopted such acts.

At each step, verify two things. First, that the legal description on the deed matches the property you’re researching. Second, that the names connect cleanly from one transfer to the next. A gap — where the grantor on one deed doesn’t match the grantee on the preceding deed — signals a break in the chain. Common causes:

  • Unreported name changes. If an owner changed their name through marriage, divorce, or court order, a name affidavit or similar document should appear in the record linking the old and new names.
  • Missing probate records. When an owner dies, the property should pass through probate, or by way of a recorded survivorship affidavit, transfer-on-death deed, or trust, before the next owner can sell it. If no probate occurred, heirs may need to file an affidavit of heirship — a sworn statement establishing their right to inherit — and record it with the county to repair the chain.
  • Unrecorded deeds. A deed that was signed but never recorded creates a gap in the public record even if the transfer was valid between the parties.

Also check that each deed shows proper notarization and was recorded in the correct sequence. A deed recorded out of order or missing a notary acknowledgment can raise questions about its validity.

Searching for Liens and Other Encumbrances

Financial claims and usage restrictions won’t appear in the chain of deeds. They’re recorded separately and require checking additional indexes at the same office.

  • Mortgages. A recorded mortgage gives a lender a security interest in the property. Watch for mortgages that were never released or satisfied — an unreleased mortgage from a prior owner is one of the most common defects.
  • Federal tax liens. Under federal law, when a person fails to pay a tax debt after demand, a lien automatically attaches to all of their property. These liens are filed with the county recorder and can persist through ownership changes if not resolved.2Office of the Law Revision Counsel. 26 USC 6321 – Lien for Taxes
  • Property tax liens. Unpaid local property taxes create a lien against the parcel itself. In most states, property tax liens carry automatic priority over mortgages and other recorded claims.
  • Mechanic’s liens. Contractors, subcontractors, and material suppliers who aren’t paid for work on the property can file a mechanic’s lien. Filing deadlines vary by state, and priority may relate back to when work began rather than when the lien was recorded.
  • Judgment liens. A recorded court judgment against the owner attaches to their real property and gives the creditor a right to be paid from sale proceeds.
  • Easements and covenants. Easements grant someone else a right to use part of the property, such as a utility company’s right to run lines across the lot. Restrictive covenants limit how the property can be used.

Why Lien Priority Matters

Finding a list of liens isn’t enough. You also need to know the order in which they’d be paid, because priority determines which claims a buyer might inherit.

The general rule is “first in time, first in right”: the lien recorded earliest has priority. Several exceptions override that principle. Property tax liens almost always take first position regardless of when they attached. Federal tax liens arise automatically when taxes go unpaid, but they must be publicly filed to have priority over certain other recorded interests.2Office of the Law Revision Counsel. 26 USC 6321 – Lien for Taxes Mechanic’s liens in many states relate back to the date work began, which can place them ahead of a mortgage recorded after construction started. Some states also grant homeowners association assessment liens a limited priority over first mortgages.

Priority also tells you what a foreclosure sale would clear. A buyer at a tax foreclosure sale may take the property free of a prior mortgage. A buyer at a mortgage foreclosure sale still takes subject to the property tax lien.

Common Defects to Watch For

Certain problems appear over and over in title searches. Knowing what they look like helps you spot them:

  • Unreleased liens. A mortgage or other lien that was paid off but never formally released in the public record. This is the most common defect and usually requires the prior lender to record a satisfaction or release.
  • Recording errors. A deed filed under the wrong name, against the wrong parcel number, or with a transposed legal description. Small clerical mistakes can cloud title.
  • Missing signatures. A deed signed by only one spouse when both owned the property, or a document lacking a required witness or notary acknowledgment.
  • Unknown heirs. A deceased owner’s property may have been transferred without accounting for all legal heirs, leaving potential ownership claims unresolved.
  • Boundary disputes. Conflicting surveys, or a neighbor’s claim to a portion of the land based on their own survey or long-term use.
  • Lis pendens. A recorded notice that a lawsuit is pending against the property. It clouds title for the duration of the litigation, and anyone who buys after it’s recorded takes ownership subject to the lawsuit’s outcome. Lenders are generally unwilling to finance a property with an active lis pendens.
  • Fraud and forgery. Less common, but forged deeds or fraudulently obtained signatures do occur, and these defects are among the most expensive to resolve.

Fixing Problems the Search Turns Up

The remedy depends on the type of defect, and many issues can be cleared without going to court.

For an unreleased lien, the fix is usually straightforward: contact the prior lender and request a recorded release or satisfaction. Recording errors can often be corrected with a corrective deed or an affidavit that explains and fixes the mistake. Missing heir claims may require the heirs to sign a quitclaim deed releasing their interest, or an affidavit of heirship to establish who inherited.

When informal solutions aren’t possible — when a claimant disputes ownership or can’t be located — a quiet title action may be necessary. This is a lawsuit asking a judge to determine who owns the property and to extinguish competing claims.3Legal Information Institute. Quiet Title Action If the person filing prevails, the court issues an order that gets recorded in the land records, repairing the chain. Quiet title actions take months and involve attorney fees, but they produce a definitive resolution that title insurance companies and lenders will accept.

A seller is generally expected to deliver what the law calls marketable title, meaning ownership free from disputes, competing claims, or threats of a lawsuit.4Legal Information Institute. Marketable Title Unresolved defects put that obligation at risk, which is why buyers typically insist they be cleared before closing.

Writing Up What You Found

Once the chain of title is traced and the liens and encumbrances are logged, the results get organized into a formal document. Two forms exist, and they do different jobs.

Abstract of Title

An abstract of title is a factual summary of every recorded instrument affecting the property, arranged chronologically from the earliest conveyance to the most recent. It includes deeds, mortgages, liens, easements, court judgments, tax sales, and any releases of those claims. Anyone reading the abstract should be able to understand the property’s history without pulling the underlying documents. Because it represents facts from the record, the company or abstractor that prepares it can be held liable for errors or omissions.

Preliminary Title Report

A preliminary title report, also called a title commitment, is not a historical summary. It is an offer by a title insurance company to issue a policy under specified conditions. The report identifies the current owner and legal description and lists exceptions — recorded items like easements, liens, and covenants that the policy will not cover unless they’re cleared before closing. It is typically divided into schedules: one listing requirements that must be met before the policy will be issued (such as paying off an existing mortgage), and another listing standard and specific exceptions from coverage.

In most purchase transactions, the buyer receives a preliminary title report during escrow and reviews the exceptions. Anything unacceptable — an unreleased lien from a prior owner, for instance — is expected to be cleared by the seller before closing. Items still on the report at closing become permanent exceptions in the final policy.

When a DIY Search Isn’t Enough

Nothing in federal law prevents you from searching public records yourself, and a DIY search works well as a preliminary check: verifying who owns a property, spotting outstanding liens, or seeing whether easements limit how the land can be used. Records are public, and access in person is generally free. A professional search for a residential property typically costs $75 to $300, separate from the title insurance premium and other closing costs.

If you’re financing with a mortgage, the lender will require a professional title search and a lender’s title insurance policy. Fannie Mae’s selling guide requires every mortgage loan it purchases to have either a title insurance policy or an attorney title opinion letter meeting its standards.5Fannie Mae. Provision of Title Insurance A title insurance company won’t issue a policy based on your own research; it commissions its own examination. Roughly a dozen states also require an attorney to be present at or supervise a real estate closing, and in those places the attorney typically handles or oversees the title examination.

The search and the insurance work together. The search identifies and resolves known issues; the policy covers unknown ones — forged deeds, undisclosed heirs, recording errors — that surface later. A lender’s policy protects the mortgage lender’s interest for the loan amount and decreases as the balance is paid down. An owner’s policy, which is optional, protects you for the full purchase price and lasts as long as you or your heirs own the property. Various encumbrances, including mortgages, adverse possession claims, and zoning violations, can render title unmarketable, which is the risk these policies are built for.4Legal Information Institute. Marketable Title Your own research is best treated as due diligence before you commit, not as a substitute for the professional examination that lenders and insurers require.