Guaranty of Title
Why it is important to have guaranty of title
The title of a property or a piece of land that is being sold or bought has to be free of any disputes pertaining to either the title or any kind of prior liens. For this there is also a requirement of a grantor who can give you guaranty of title. This is important because a title dispute can very well lead you to a situation where you will not only lose your money and time but also get into a legal dispute where you will have to shell out more bucks in order to get the dispute settled.
The guaranty of title can be given by an individual or an insurance company. It is only after a strong verification that the guaranty must be taken the verification process involves the searching of the public records for any previous title defects as well as the liens and mortgages on the property.
His type of guarantee is not anticipatory. This means that this guarantee is not about what can happen in the future but for the facts that are associated with the past of the property. This kind of guaranty is for any defects of title that may arise due to the controversies that took place in the past. The controversies could be anything like title defects, liens associated with the property etc. The liens associated with the property gives the authority to the lender over the property giving rise to the title defects. This must therefore be cleared in order to make the deal.
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