Before a real estate closing, one of the most important steps is determining who actually owns the property and whether anything in the public record could affect that ownership. An Alabama title search generally examines recorded documents connected to the property, including prior deeds, mortgages, liens, easements, restrictions, and other instruments that may affect title. Alabama law provides for real-property instruments to be recorded in the probate office of the county where the property is located, making those records an important part of the title examination process.

The goal is not simply to find the most recent deed. A title examiner looks at the history of ownership and identifies matters that may need to be addressed before a new owner or lender takes an interest in the property. An unreleased mortgage, judgment, missing deed, incorrect legal description, or unexpected ownership interest can turn an otherwise routine closing into a problem that requires additional work.

A title search is also different from title insurance. The search identifies matters discovered during the examination of title, while title insurance addresses certain covered title risks under the terms of the policy. Finding potential problems early gives the closing team time to investigate and, when possible, resolve them before everyone arrives at the closing table.

If you are buying or selling property in Madison County or anywhere in North Alabama and have questions about title, Alabama Property & Estate Law, LLC is available to help. Call us at 256-489-0038 to schedule a consultation.