Title and Ownership

Title and ownership pages explain who legally owns a property, how that ownership is verified, and what claims or defects can interfere with a mortgage closing. This section is where borrowers learn the difference between having a contract to buy a home and receiving clean, insurable ownership rights.

Start with Title, Title Search, and Title Insurance to understand the foundation. Then compare Owner’s Title Insurance with Lender’s Title Insurance to see why the buyer and lender are protected differently.

Finish with Deed, Deed of Trust, Title Commitment, Clear Title, Lien, Subordination, Easement, Encumbrance, Title Defect, Chain of Title, Recording, Vesting, and Joint Tenancy to understand how ownership is documented, transferred, and shared.

In this section

• Title
  Title refers to the legal ownership rights in a property and the recognized basis for claiming those rights.
• Title Search
  A title search is the review of public records used to confirm ownership history and identify recorded claims against a property.
• Title Insurance
  Title insurance is a policy that helps protect against certain title defects or claims connected to events before closing.
• Owner's Title Insurance
  Owner's title insurance is the title policy designed to protect the buyer's ownership interest in the property.
• Lender's Title Insurance
  Lender's title insurance is the title policy that protects the lender's secured interest in the property.
• Deed
  A deed is the legal document used to transfer ownership rights in real property from one party to another.
• Deed of Trust
  A deed of trust is a security instrument used in many mortgage transactions that places property-related security rights into a trustee structure.
• Lien
  A lien is a legal claim against property, often used to secure repayment of a debt or performance of an obligation.
• Title Commitment
  A title commitment is the title company's statement of the conditions under which it is prepared to issue title insurance.
• Subordination
  Subordination is the agreement or priority structure that allows one lien to remain behind another in claim order against the property.
• Clear Title
  Clear title means the ownership record is free enough of unresolved claims or defects for the transaction to proceed and be insured.
• Easement
  An easement is a legal right allowing someone else to use part of a property for a specific purpose without owning it.
• Encumbrance
  An encumbrance is a burden, claim, restriction, or other right that affects a property's ownership or use.
• Title Defect
  A title defect is a problem in ownership history, documentation, or recorded claims that can interfere with clean title.
• Chain of Title
  The chain of title is the documented history of ownership transfers and other recorded changes affecting a property.
• Recording
  Recording is the act of placing deeds, mortgages, and related documents into the public property record.
• Vesting
  Vesting describes how ownership rights are legally held in the names of the people or entities taking title to a property.
• Joint Tenancy
  Joint tenancy is a form of shared property ownership in which co-owners hold equal interests under a specific legal structure.