How to Address Concerns about Potential Unrecorded Transfers in Real Estate Transactions

What can Jane do to address her concerns about potential unrecorded transfers in a real estate transaction?

A. Purchase title insurance

B. Hire a different attorney for a separate title search

C. Request a warranty deed from the seller

Answer:

Jane can address her concerns about potential unrecorded transfers by purchasing title insurance, hiring a different attorney for a separate title search, or requesting a warranty deed from the seller.

When dealing with real estate transactions, it is important to ensure that the title is clear and free of any potential issues such as unrecorded transfers. In Jane's case, she can take several steps to address her concerns:

Purchase Title Insurance

One option for Jane is to purchase title insurance. Title insurance provides coverage for any undisclosed or undiscovered issues with the title, including unrecorded transfers. By purchasing title insurance, Jane would be protected against any financial loss or legal disputes that may arise from these hidden transfers. It is a proactive way to safeguard her investment in the property.

Hire a Different Attorney for a Separate Title Search

Another option for Jane is to hire a different attorney to conduct a separate title search. This would provide an additional layer of protection and ensure a thorough examination of the title records. A fresh set of eyes may uncover any potential unrecorded transfers that were missed in the initial title search. It can help Jane gain peace of mind knowing that multiple professionals have thoroughly reviewed the title.

Request a Warranty Deed from the Seller

Lastly, Jane could consider requesting a warranty deed from the seller. A warranty deed is a legal document in which the seller guarantees that they have the legal right to sell the property and that there are no undisclosed transfers or title issues. By obtaining a warranty deed, Jane can have additional assurance that the seller has the legal authority to convey marketable title to her. It provides an extra layer of protection in case any issues arise with the title in the future.

By exploring these options, Jane can address her concerns about potential unrecorded transfers and proceed with the real estate transaction with confidence.