Title Search - Public Records and Notice - Title Insurance - US Mortgage

 

Module 3 - Public Records and Notice

Public Records:

            Records related to property and individuals maintained by the government which are open for public and can be researched by anybody from the public are called as public records.

Public Records are maintained to established and protect certain rights or obligations of the parties.

Source of Information for Public Records:

1.      County Recorder’s Office

2.      Tax Offices

3.      Legal publications

4.      U.S. district court

1. County Recorder’s Office:

The county recorder’s office permanently records all original documents pertaining to property ownership and real property transactions within a county.

These recordings establish and provide the official court record for title and ownership to a property.

Documents maintained by County Recorder’s Office are:

1. Deeds

2. Mortgage

3. Corporation Papers

4. Liens etc.

Public access to legal records is provided by the Books, Computers and Microfilm.

2. Tax Offices:

Tax offices have the records pertaining to State and Federal Taxes.

The Tax details are available in the form of Tax Sheet showing Annual Taxes, Supplemental Taxes, Special Taxes, other information and Delinquent Taxes.

Tax details are available in the form of tax sheet showing,

1.      Secured Taxes/Annual Taxes - General taxes assessed on the property

2.      Supplemental Taxes - Taxes assessed on improvement made on the property

3.      Special Taxes - Taxes assessed on road/park maintenance etc. for the facility provided by the government.

4.      Delinquent Taxes - are prior to unpaid taxes, if present will be shown as delinquent taxes.

Types of Taxes – Paid, Due/Payable, Delinquent and Partially Paid, Due & Delinquent

3. Legal Publications:

It is information relating to property transaction or any title laws in a particular region published through the media of newspapers, computer discs, public notices etc.

4. U.S. District Court:

U.S. district court is the federal body which provides information about the Judgments, Liens, Bankruptcy etc., against any individual in a particular county.

Types of Notice:

Constructive Notice:

            These are the records which affect the title to real property and are recorded in government offices like County Recorder’s Office, District Courts, Tax Offices etc.

It plays an important role in the title process since such documents are recorded by Government Offices.

Actual Notice:

            These are the documents which create a mutual understanding between two or more persons and are not recorded in the government offices.

They do not form a part of the title process as the title insurance policy insures according to public records.