Guide for home buyers
How to check a property's title before buying without a realtor
By the U.S. Title Research team. Updated 2026-11-06. General information, not legal advice.
You check a property's title by reading the documents recorded at the county where the property sits: the current deed, every mortgage and lien recorded against it, any easements, and any homeowners association liens, then comparing the owner of record with the person selling. Without a realtor or a lender, nobody orders that search unless you do.
What is title, and where does it live?
Title is the legal right to own a property, and it lives in the public records of the county where the property sits. Every deed, mortgage, lien and easement that affects the property is recorded with the county recorder (in some counties called the register of deeds or the county clerk), and those recorded documents, read together, are the title.
A title search is the act of reading those records in order. In a conventional sale the buyer's lender requires one and a title company runs it. In a cash purchase, a for sale by owner (FSBO) deal, a land contract or any private sale, the search happens only if you order it or do it yourself. The records are indexed by name and by document number, not by street address, so you have to know whose names to search and which county holds the file.
Who is the owner of record, and is it the person selling?
The owner of record is the person or entity named as the grantee (the receiving party) on the most recent deed recorded against the property. That name, not the name on the listing, is who the county recognizes as the owner. The seller must be that person, or hold recorded authority to sign for that person.
A mismatch is not always fraud. The owner may have died and an heir is selling, a spouse may have been added or removed, or the house may sit in a trust or a limited liability company (LLC). Each of those has a paper trail, and each requires a specific signer. Our guide on how to verify that the seller actually owns the house walks through the deed, the warning signs and what to ask for when the names do not line up.
What does the deed tell you about vesting?
The deed tells you who owns the property and how. Vesting is the form of ownership, and the words on the recorded deed control it. Two or more owners may hold as joint tenants, where a deceased owner's share passes to the surviving owners, or as tenants in common, where each owner's share passes through that owner's own estate.
The type of deed matters too. A warranty deed carries the seller's promise that they own the property and have the right to convey it. A quitclaim deed transfers only whatever interest the signer happens to have, with no promise that the interest is any good. A quitclaim deed in the recent chain is not proof of a problem, but it is a reason to read the deed before it and ask why it was used. Some states recognize community property between spouses, and the rules for how spouses must sign vary by state.
Which liens stay with the house when you buy it?
A lien is a legal claim recorded against the property to secure an unpaid debt, and it attaches to the property rather than to the person who owed the money. Unless a lien is paid and released before closing, or removed by a court process, it stays on the title and becomes the new owner's problem to resolve.
The liens a search looks for include:
- Mortgages and deeds of trust: the loan documents recorded by each lender, and whether a release or satisfaction was later recorded for each one.
- Property taxes: unpaid taxes and special assessments against the parcel, which commonly take priority over other liens under rules set by state law.
- Judgment liens: a court judgment against an owner, recorded so that it attaches to real estate the owner holds.
- Federal and state tax liens: the federal tax lien arises by statute when a taxpayer neglects or refuses to pay after demand, and attaches to all of that person's property.
- Mechanic's liens: claims by contractors or suppliers who were not paid for work on the property.
- Municipal liens: unpaid utility bills, code enforcement fines or demolition costs, which some cities record and others hold outside the recorder's index.
What are easements and HOA liens?
An easement is a recorded right for someone other than the owner to use part of the property for a stated purpose, such as a utility line, a shared driveway or a neighbor's access to a road. Easements run with the land, so you buy the property subject to them whether or not the seller mentioned them.
A homeowners association (HOA) is the body that enforces a recorded set of rules, called covenants or restrictions, over a subdivision or condominium. Unpaid HOA dues and fines can become an HOA lien against the property, and the recorded covenants may also limit what you can build, park or rent. Whether an HOA lien takes priority over a mortgage, and for how much, varies by state. The covenants themselves are recorded, so a search can quote them to you before you commit.
How do you check the records yourself?
You check title yourself by searching the county recorder's index under the owner's name and the parcel, reading each document in date order back to a deed that starts the chain, then checking the tax office for unpaid taxes, the court clerk for judgments and the building department for permits.
Each office keeps its own records, and none of them talks to the others. Doing it yourself works best when the county has digitized its index, the owners have held the house for a long time under one name, and nothing unusual has happened. It breaks down when a prior owner used a maiden name, when documents were recorded in another county, when an older instrument exists only on microfilm or paper, or when the index misspells a name. That is the point at which a done-for-you search earns its fee. The home buyer package runs the whole search, retrieves the document images, verifies the findings with each office and explains them in plain English.
Why is a title insurance policy still recommended before closing?
A title research report and a title insurance policy do different jobs. The report shows you what the public record says today, so you can decide whether to buy and what to ask the seller to fix. An owner's policy is a contract from an insurer to defend your ownership and pay covered losses if a claim surfaces later.
Even a careful search cannot see a forged signature on an old deed, an heir nobody knew about, a recording error at the county or a lien filed the day after the search. Those are the risks a policy is written to cover. U.S. Title Research does not issue title insurance and recommends that every buyer obtain an owner's policy from a title insurance company before closing. The research report tells you what you are buying; the policy protects you if the record turns out to be wrong.
When you need the record, not just the explanation: the home buyer package researches the property, verifies the findings with the county and explains what to do next, in 1 to 3+ days.
Questions people ask
Can I check a property's title myself before buying?
Yes. The records are public, and you can search the county recorder's index by owner name and parcel number, read the deeds and liens, and check the tax office and courts separately. The work takes time and some practice with legal descriptions and name variations. A done-for-you report runs the same search, retrieves the document images and explains the findings in plain English.
What is a FSBO title search?
A FSBO title search is a title search ordered by the buyer in a for sale by owner transaction, where no listing agent or lender is involved. It covers the same ground as the search a title company runs for a financed purchase: owner of record, chain of deeds, mortgages and liens, easements, HOA liens and permits, so the buyer learns what has to be resolved before paying.
Does a quitclaim deed in the records mean something is wrong?
Not by itself. Quitclaim deeds are commonly used between family members, after a divorce, or to move a property into a trust, and the transfer can be perfectly sound. The deed carries no promise about the quality of the interest conveyed, so it is a reason to read the deed before it, confirm the earlier owner's title and ask the seller why it was used.
What should a title check cover if I am buying on a land contract?
The same items as any purchase, plus the seller's existing mortgage. On a land contract (also called a contract for deed or an installment sale) you pay the owner over time and receive the deed at the end, so the owner's lenders and liens remain on the title while you pay. You need to know what is recorded against the property today and whether your contract is recorded to protect your interest.
Do I still need title insurance if I ordered a title research report?
Yes, we recommend it. The report is research: it shows what the county records contain on the day of the search and explains it. A title insurance policy is a contract that defends your ownership and pays covered losses if a defect appears later, including problems no search can see, such as a forged deed or an unknown heir. U.S. Title Research does not issue title insurance.