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Contact an Iowa Real Estate lawyer representing clients in Mason City, Iowa today to schedule your free initial consultation.
Contracts and Transfers
Real estate purchase agreements are governed by contract law. These agreements must therefore:
Be in writing.
Be marketable (free of encumbrances, liens, or other title defects).
Real estate buyers generally employ an attorney or title insurance company to research the title. This process, called a title search, involves examination of the public records.
The title searcher will go through the countys public records and assemble a chain of title by finding all recorded deeds for the property in question and the current property owners. He or she will also look for encumbrances on the property.
Encumbrances include but are not limited to:
Mortgages.
Unpaid taxes.
Legal judgments.
Municipal improvement liens.
Government claims.
Foreclosures.
Easements.
Covenants.
Condemnations.
A title insurance company insures the buyers against losses caused if the title is discovered to be invalid. The seller is required to execute and deliver a deed which includes a legal description of the land. Most states require that this deed be officially recorded to establish ownership and notice of its transfer. The title company will also complete the same searches on the potential buyers that may reveal encumbrances that could be attached to the new title, affecting any mortgages or liens.
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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you consult an attorney for individual advice regarding your own situation.
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If you would like to schedule a free initial consultation, contact an Iowa Real Estate attorney, representing clients in Mason City, Iowa at the Putnam Law Office. Give us a call at (888) 277-2024 or email us at info@putlaw.com. |