A preliminary title report is essential for understanding the legal aspects and potential issues associated with a property. It reveals details about the property's owners, any recorded liens against it, covenants, conditions, and restrictions (CCRs), easements, and outstanding debts.
By carefully reviewing this report and asking pertinent questions, individuals can gain valuable insights into the property's history and identify any red flags that need to be addressed.
The preliminary title report also offers valuable information on property ownership structures, such as multiple owners or ownership through corporations or trusts. This knowledge allows buyers to assess the legitimacy of ownership claims and ensure a smooth transaction process.
What is a preliminary title report?
It is an essential tool for buyers to assess the property's condition and ensure they have full knowledge of any encumbrances or restrictions. The report helps identify any issues with ownership, such as multiple owners or ownership through a corporation or trust. Additionally, it provides information on outstanding taxes and can reveal if the seller is upside down with the property or if it is a short sale.
Ultimately, the preliminary title report aids buyers in making informed decisions regarding their potential purchase and allows them to address any concerns or clear up any issues before finalizing the transaction.
Finding a reputable title company
To find such a company in California, you can start by asking for recommendations from real estate agents, lenders, or other professionals in the industry. Additionally, you can check online reviews and ratings to get an idea of the experiences other customers have had with a particular title company. It is also important to consider the company's experience and expertise in dealing with property title reports in California specifically.
A title company familiar with the local laws and regulations will be better equipped to handle any potential issues that may arise during the title search process.
Gathering necessary information and documents
Additionally, it is vital to gather the names of all current and previous property owners and any known liens or encumbrances on the property. This can be obtained by searching public records or contacting the county recorder's office.
Furthermore, it is necessary to provide the title company with a copy of the current owner's policy, if available, as well as any relevant trust documents or power of attorney. By gathering all of this information and documentation in advance, the title company can conduct a thorough and accurate preliminary property title report for California property.
Ordering a preliminary title report: steps, cost and who pays
With the property details in hand, the order itself is short. Buyers, sellers, agents, lenders and attorneys can all order a preliminary title report directly, and a title representative from our team at Consumer's Title Company takes it from there. This is how a prelim moves from request to closing.
- Share the property details. Our order form asks for your role in the transaction, your contact information and the property address. Add the assessor's parcel number (APN) or an escrow number if you have one.
- Pick your title representative. Choose the rep you already work with on the form. If you don't have one yet, call us at (877) 363-5935 and we will match you with one.
- We search the records. Before a title policy can be issued, the title company examines title plant data and public records for liens, claims and encumbrances on the property.
- You receive the prelim. It shows how title is vested, the exceptions the policy would not cover, and what must happen before the policy can issue. Read it with your agent and escrow officer as soon as it arrives.
- Clear what needs clearing. Loan payoffs, lien releases and reconveyances are handled through escrow. Under California law the prelim is an offer to insure subject to its listed exceptions, so anything still listed at closing stays outside your coverage.
- The policy issues at closing. The title insurance premium is a one-time charge paid at the end of escrow, with no ongoing premiums.
Question | Answer in California |
|---|---|
What is it, legally? | An offer to issue a title policy subject to the exceptions it lists. It is not an abstract of title and not a statement of the condition of title. |
Who prepares it? | A title company, after examining title plant data and public records. |
Can it be free? | No. State law treats a free preliminary report as a violation and sets a minimum charge (see below). |
Who pays the title premium? | Set by local custom, not by law. In Southern California the seller usually pays it. |
Do rates differ by company? | Yes. Each company files its own rate schedule with the Insurance Commissioner, so comparing rates can save money. |
How much coverage? | An owner's policy should equal the purchase price. A lender's policy equals the loan amount and protects the lender, not you. |
Looking up recorded documents yourself
You can see recorded documents without a title company. In Los Angeles County, any member of the public can search and request real estate records from the Registrar-Recorder/County Clerk, which holds records going back to 1850. The county does not post its real estate records or indexes online, so copies are requested in person, by mail or fax, or online through its vendor, LexisNexis, with online orders processed within 20 working days.
Copies show you what was recorded. They don't tell you which items still affect title or what a title insurer will cover. That judgment is what the prelim adds. Our article on why the title search is essential when buying a home in California explains the difference.
Understanding property ownership
A preliminary title report provides valuable information about the owners of the property, including whether it is held in trust or through a limited liability company (LLC). This knowledge ensures the sellers have the legal authority to sell the property. The report also reveals any issues with ownership, such as multiple owners or ownership through a corporation or trust.
By examining these details, potential buyers can make informed decisions about purchasing a property and address any issues that need clearing before proceeding with the transaction.
Assessing liens and restrictions
Liens are legal claims against a property for unpaid debts, while restrictions refer to any limitations on the use or development of the property. It is important to assess these liens and restrictions before purchasing a property to ensure that there are no unexpected financial obligations or limitations that may affect its value or intended use.
By reviewing the preliminary title report, potential buyers can gain insight into any existing liens or restrictions on the property and make an informed decision regarding their purchase.
How to read your preliminary title report
California Insurance Code §12340.11 defines the prelim as an offer to insure on the terms it lists, not as a representation of the condition of title. That makes two parts worth the most attention: the exceptions, which the policy will not cover, and the requirements, which must be met before the policy issues. These are the sections you will see and what to check in each. If something is unclear, call the title rep on your file or ask the Consumer's Title Company team before you remove contingencies.
Preliminary report, title search, county copies or title policy?
These four get mixed up in searches and in conversation. They are different things with different uses.
Document | What it is | Who provides it | What it does for you |
|---|---|---|---|
Title search | Examination of title plant data and public records | The title company | The research the prelim is built on |
Preliminary title report | An offer to insure, subject to listed exceptions | The title company, for a charge | Shows what must be cleared and what the policy will exclude |
County record copies | Copies of individual recorded documents, such as deeds | The county recorder, to any member of the public in LA County | Confirms what was recorded, with no analysis of what still affects title |
Title insurance policy | Coverage for losses from covered title defects | The title insurer, at closing | Protects the owner (owner's policy) or the lender (lender's policy), including defense of covered claims |
- The vested owners don't match the sellers on your contract, or an owner is missing, divorced or deceased.
- Recorded loans and liens that add up to more than the sale price, which can point to a short sale.
- A recent deed or loan you didn't expect. Learn how to prevent fraud in California real estate transactions and what to do if a property is flagged for fraud.
- Easements or CC&Rs that could limit an addition, ADU or lot split. Read up on Senate Bills 9 and 10 and LA County zoning if you have building plans.
- A seller signing through a power of attorney, a trust or an LLC, which adds documents to the requirements list.
- An old deed of trust that was paid off but never reconveyed, which has to be cleared before closing.
Determining property value
Location is a key factor, as properties in desirable areas tend to have higher values. Amenities such as proximity to schools, parks, shopping centers, and transportation contribute to the property's value.
Market trends play a significant role in determining property value as they reflect the demand and supply dynamics in the real estate market. Recent sales data of comparable properties in the area provides insight into current market prices.
Appraisers often use these factors to conduct a comprehensive analysis and arrive at an estimated value for the property.
Considerations for the purchase decision
One of the primary considerations is the preliminary title report, which provides crucial information about the property's ownership and any potential issues with the title. By reviewing this report, investors can determine if there are any liens or legal claims against the property and assess its overall marketability.
Additionally, the preliminary title report includes details about the property's legal description, easements, covenants, conditions, restrictions (CCRs), and tax status. This information helps investors understand what they are buying and identify any potential challenges or risks associated with the property.
You need a preliminary title report
By carefully reviewing the report and asking questions, potential buyers can make informed decisions and address any issues that may arise. When you are ready to get your California preliminary title report, contact Consumer's Title Company, and we can get you squared away.
Remember, knowledge is power in the real estate market. So don't overlook the importance of this report; reach out when you’re ready to get started.
Title help where you're buying or selling
Each California county keeps its own recorded documents, so the prelim for your property is built from that county's records. We have offices in Westlake Village and San Diego, and our California area guides cover the markets we serve.
- The ABCs of preliminary title reports in California
- What title insurance covers
- How much title insurance costs
- Why owner's title insurance matters
- Who chooses the title company in California
- Loan Estimate vs. Closing Disclosure
- Preparing for closing day
- The home seller's guide
- Proposition 19 calculator
- Blank forms and resources
- What our clients say