Behind the Scenes of Your Title Search

What is a Title Search?

A title search is a comprehensive examination of public records to document property ownership and identify potential issues before a real estate transaction closes. It involves pulling all deeds, open mortgages, liens, and judgments associated with a property, typically covering the past 30 years for residential properties and 60 years for commercial transactions.

This investigative work is performed by title examiners, professionals who specialize in researching property histories and interpreting complex legal records. You may also hear them referred to as abstractors, the traditional term used within legal circles.

The title search process has evolved over time. Decades ago, an abstract was a complete report spanning a hundred pages or more. Modern title examinations synthesize this information, focusing on what's relevant and current while maintaining thoroughness.

The result is a detailed report submitted to underwriters, who prepare the title commitment. This commitment outlines what will be covered by title insurance and identifies any exceptions or issues needing resolution before closing.

The Title Search Process

Title searches follow a methodical process that balances efficiency with thoroughness. While the steps remain consistent, the complexity and time required vary significantly based on each property's unique history.

Starting with the Right Foundation

The title search process begins when an order arrives from a real estate agent in the form of a sales contract, preliminary request, or loan application. Title examiners start with a property address and the parties involved.

The first step is a tax assessment review. Examiners look up the property's parcel ID number to access GIS mapping, view aerial photos, and compare the assessed value with the sales price or appraisal. This verification confirms everyone agrees on the correct property before investing significant search time.

After confirming the property, examiners verify the names of all parties involved. This includes checking spelling variations, middle names, and any name changes from marriage or divorce. Accurate name identification is critical because title examiners will search these names across multiple databases to uncover any judgments, liens, or other issues that could affect the property.

Investigating Multiple Sources

Once the initial details are confirmed, title examiners pull from numerous databases to piece together property history. Title plant databases allow searches by legal description for recorded documents. County probate sites are searched by individual names, which can return hundreds of potential matches in large counties like Jefferson County. Federal databases check for bankruptcy records, sanctions, or other restrictions.

"We pull all the deeds and open mortgages and liens and judgments against owners and the property for the past 30 years," explains Larry Cartwright, title abstractor at South Oak Title in Birmingham.

Not everything is available online. Some counties require physical courthouse visits for older estate records or archived deeds. When deaths are involved, examiners research wills, probate records, and death certificates. Mapping software verifies legal descriptions and identifies boundary issues.

Analysis and Professional Judgment

Human expertise transforms raw data into useful information. Title examiners review every record to discount what's irrelevant and include what applies. They map legal descriptions when needed, identify whether property portions have been sold off or combined, determine if surveys are required, and spot issues needing investigation.

"A title search is like a puzzle that you're assembling, with each piece being a part of that property's history," says Michelle Smith, title examiner at South Oak. "You assemble that puzzle until you have a complete picture of that property and its history." The end goal is to compile all relevant information into a clear report for underwriter review.

What Makes Title Searches Complex?

Every property has its own story, and some stories are harder to piece together than others. While some title searches proceed smoothly with clean chains of ownership and straightforward documentation, others present challenges that require additional time and investigative work.

Sorting Through Common Names

Common surnames create significant research challenges in large counties. In Jefferson County, for example, searching for property owned by someone named Smith, Williams, or Jones can return hundreds of potential matches. Title examiners must sort through each one to verify which records actually apply to the specific property in question. This verification process is time-consuming but necessary to avoid missing important information or including irrelevant records.

Undisclosed Deaths

Undisclosed deaths create some of the most significant delays in title searches. When examiners aren't informed upfront that an owner has died, they can spend hours researching the wrong person before discovering the death and having to start over with the heirs.

"If they would let us know that people have died, it speeds things up tremendously," says Cartwright. "They'll send us a contract that just says John Smith on it. So you run three hours worth of John Smith and come to find out John Smith died and his daughter is actually selling the property."

This disclosure becomes even more important given cultural shifts that make deaths harder to identify. Fewer people publish obituaries today, and cremation without burial has become more common. These changes mean title examiners can't rely on traditional resources like Find a Grave to confirm deaths.

Estate documentation also varies significantly by county. Some counties provide estate records online, while others require physical courthouse visits to obtain probate documents, wills, and death certificates.

When deaths are discovered during the search, examiners must then research all heirs and search each one for judgments or liens that could affect the property. This additional layer of investigation can add days to the timeline.

Complex Property Histories

Some properties carry particularly long and complicated histories. In Jefferson County, several parcels each year trace their ownership back to US Steel and timber companies that purchased thousands of acres in the 1800s. These properties have been subdivided, sold, and developed over more than a century, requiring examiners to go into courthouse archives to retrieve deeds from the Civil War era or earlier.

Legal description discrepancies also add complexity. When descriptions don't align perfectly across documents, examiners must map the legal descriptions to verify accuracy. Properties involving multiple parcels present their own challenges, whether they're adjacent lots being combined, subdivided property being sold in pieces, or situations where boundary questions require surveys.

County digitization levels vary widely as well, affecting research efficiency. Counties with comprehensive online records allow faster searches, while those with limited digital access require more time and potential physical courthouse visits.

Every Property Tells a Different Story

Despite these challenges, the variety keeps the work engaging. No two properties are exactly alike, and each chain of title tells its own story. Public records occasionally reveal surprising or even exciting property histories. Title examiners read wills and death records, review old subdivisions, and sometimes discover newsworthy events connected to properties.

"Each parcel is unique," says Smith. "Each set of owners and chain of title are unique and tell their own story. It really keeps the work intriguing.” This variety, combined with the investigative nature of the work, means title examiners approach each search with fresh attention to detail.

Red Flags and Healthy Skepticism

Healthy skepticism protects everyone involved in a real estate transaction. Experienced title examiners approach each search with careful attention, regardless of how straightforward it might appear on the surface.

Certain situations raise red flags that warrant extra scrutiny. Rushed cash deals with unusual urgency often signal potential complications. Properties valued far below market that also have title clouds present another warning sign, as do situations where there's pressure to skip thorough examination.

"That is always a red flag to us," says Smith about rushed transactions. "You would not believe the number of times that happens. It can almost feel like you're being rushed because there's maybe this expectation that stuff might be glazed over."

"You have to approach each transaction being a little bit skeptical, because we want things to be proven, that title is clear," adds Cartwright. "It's a way to protect us from liability."

South Oak protects title examiners from unrealistic pressure to rush searches, allowing them to maintain the thoroughness that keeps transactions safe and compliant.

What Agents Should Know About the Title Search Process

Understanding the title search process helps agents facilitate smoother transactions and set appropriate expectations with clients. While title examiners handle the investigative work, agents play an important role in providing accurate information upfront and communicating realistic timelines.

Information Accelerates the Process

The more accurate and complete the initial information, the faster the title search proceeds. Certain disclosures upfront can save hours of research and prevent starting over mid-search.

Early disclosure of deaths saves significant research time. When title examiners know someone in the chain of ownership has died, they can immediately begin researching the correct parties and heirs. Without this information, they may spend hours searching the wrong person before discovering the death and having to restart.

Estate situations and probate status also need early disclosure. Known title complications should be communicated as soon as they're identified, as should any questions about property identification. When multiple parcels are involved, or there's uncertainty about which property is being sold, clarifying this before the search begins prevents wasted effort.

"Sometimes we'll get a file where there's some contradicting information on the sales contract," says Smith. "So we just reach out to the agent to get some clarification.” However, this additional communication can slow down the title search process.

Take a Partnership Approach

Collaboration between agents, abstractors, and the closing team creates smoother transactions. This partnership functions best when all parties communicate proactively about issues as they arise.

South Oak buffers title examiners from unrealistic pressure, allowing them to maintain thorough searches. Agents can ask questions when situations seem unusual or when they need clarification. The order entry team helps facilitate communication by including helpful notes and email threads.

"We try to be very communicative," Smith explains. "If we run into an issue up front, we communicate that so that they can let people downstream know what we're running into.” When information flows clearly between all parties, everyone benefits. Agents can better serve their clients, title examiners can work efficiently, and transactions proceed with fewer surprises and delays.

Protecting Homebuyers Through Expert Title Searches

Expert title searches are the first step in protecting homebuyers and ensuring smooth closings. Every clear title starts with thorough research and professional judgment. Title examiners piece together property histories from multiple sources, identifying potential issues before they become problems. This behind-the-scenes work protects buyers from hidden risks that could threaten their ownership rights or create financial liability down the road.

When agents understand the title search process, they can better communicate with clients and set appropriate expectations about timelines and requirements. The partnership between real estate professionals and title companies creates confident, protected transactions where everyone understands their role in the process.

South Oak's experienced title team handles searches across Alabama and the Southeast, bringing decades of expertise to every property. If you have questions about a specific property or title situation, contact your local South Oak office. You can also order a title and schedule a closing through our website.