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Direct Title & Closing Agency
has been conducting title searches for Attorneys since 1979.
We perform Title Searches and provide Title Insurance
Commitments for real estate transactions anywhere in New Jersey.
Protection
We are underwriting agents for two
of the largest and most prestigious Title insurance companies in
the United States - First American Title Insurance Company and
Old Republic Title Insurance Company. We are also underwriters for
New Jersey Title Insurance Company. Your title will be secure,
protected and insured.
We
Attend to the Details
Our
Team of Experts researches and verifies every relevant detail of
your client’s title. We make certain that your client’s title
will be clear and insurable, and free of any liens.
Our title search is thorough research of all the government
records concerning the title to the property, in order to
determine exactly who owns the property, whether the title is
"free and clear," and to identify any liens against the title.
The title search is performed in the county land records, in the
federal, state and county court records, and in the municipal
tax, assessment, and utility account records.
What
Does Title Insurance do for your Client?
A title insurance policy is your clients’ best protection
against potential title defects, which can remain hidden despite
the most thorough search of public records and the most careful
closing. You don't want problems from prior ownerships to
interfere with your clients’ rights to their property. And you
don't want your clients to be forced to defend their property
rights in court. For a one-time premium we agree to insure your
clients against losses due to defects existing prior to the
issue date of their policy, up to the policy amount. And, should
it be needed, the policy also provides for the cost of legal
defense of your clients' title. The specifics will be spelled
out in your client’s policy. The title insurance policy will
protect your clients - for as long as they own their property -
against such potential title defects as:
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Forged deeds, mortgages,
satisfactions or releases.
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Deed by person who is insane or
mentally incompetent.
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Deed by minor (may be disavowed).
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Deed from corporation, unauthorized
under corporate bylaws or given under falsified corporate
resolution.
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Deed from partnership, unauthorized
under partnership agreement.
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Deed from purported trustee,
unauthorized under trust agreement.
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Deed to or from a "corporation"
before incorporation, or after loss of corporate charter.
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Deed from a legal non-entity (styled,
for example, as a church, charity or club).
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Deed by person in a foreign country,
vulnerable to challenge as incompetent, unauthorized or
defective under foreign laws.
-
Claims resulting from use of "alias"
or fictitious names by a predecessor in title.
-
Deed challenged as being given under
fraud, undue influence or duress.
-
Deed following non-judicial
foreclosure, where required procedure was not followed.
-
Deed affecting land in judicial
proceedings (bankruptcy, receivership, probate,
conservatorship, dissolution of marriage), unauthorized by
court.
-
Deed following judicial proceedings,
subject to appeal or further court order.
-
Deed following judicial proceedings,
where all necessary parties were not joined.
-
Lack of jurisdiction over persons or
property in judicial proceedings.
-
Deed signed by mistake (grantor did
not know what was assigned).
-
Deed executed under falsified power
of attorney.
-
Deed executed under expired power or
attorney (death, disability or insanity of principal).
-
Deed apparently valid, but actually
delivered after death of grantor or grantee, or without
consent of grantor.
-
Deed affecting property purported to
be separate property of grantor, which is in fact community or
jointly-owned property.
-
Undisclosed divorce of one who
conveys as sole heir of a deceased former spouse.
-
Deed affecting property of deceased
person, not joining all heirs.
-
Deed following administration of
estate of missing person, who later re-appears.
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Conveyance by heir or survivor of a
joint estate, who murdered the decedent.
-
Conveyances and proceedings affecting
rights of service-member protected by the Soldiers and Sailors
Civil Relief Act.
-
Conveyance void as in violation of
public policy (payment of gambling debt, payment for contract
to commit crime, or conveyance made in restraint of trade).
-
Deed to land including "wetlands"
subject to public trust (vesting title in government to
protect public interest in navigation, commerce, fishing and
recreation).
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Deed from government entity,
vulnerable to challenge as unauthorized or unlawful.
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Ineffective release of prior
satisfied mortgage due to acquisition of note by bona fide
purchaser (without notice of satisfaction).
-
Ineffective release of prior
satisfied mortgage due to bankruptcy of creditor prior to
recording of release (avoiding powers in bankruptcy).
-
Ineffective release of prior mortgage
of lien, as fraudulently obtained by predecessor in title.
-
Disputed release of prior mortgage or
lien, as given under mistake or misunderstanding.
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Ineffective subordination agreement,
causing junior interest to be reinstated to priority.
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Deed recorded, but not properly
indexed so as to be locatable in the land records.
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Undisclosed but recorded federal or
state tax lien.
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Undisclosed but recorded judgment or
spousal/child support lien.
-
Undisclosed but recorded prior
mortgage.
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Undisclosed but recorded notice of
pending lawsuit affecting land.
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Undisclosed but recorded
environmental lien.
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Undisclosed but recorded option, or
right of first refusal, to purchase property.
-
Undisclosed but recorded covenants or
restrictions, with (or without) rights of reverter.
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Undisclosed but recorded easements
(for access, utilities, drainage, airspace, views) benefiting
neighboring land.
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Undisclosed but recorded boundary,
party wall or setback agreements.
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Errors in tax records (mailing tax
bill to wrong party resulting in tax sale, or crediting
payment to wrong property).
-
Erroneous release of tax or
assessment liens, which are later reinstated to the tax rolls.
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Erroneous reports furnished by tax
officials (not binding local government).
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Special assessments which become
liens upon passage of a law or ordinance, but before recorded
notice or commencement of improvements for which assessment is
made.
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Adverse claim of vendor's lien.
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Adverse claim of equitable lien.
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Ambiguous covenants or restrictions
in ancient documents.
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Misinterpretation of wills, deeds and
other instruments.
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Discovery of will of supposed
intestate individual, after probate.
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Discovery of later will after probate
of first will.
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Erroneous or inadequate legal
descriptions.
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Deed to land without a right of
access to a public street or road.
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Deed to land with legal access
subject to undisclosed but recorded conditions or
restrictions.
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Right of access wiped out by
foreclosure on neighboring land.
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Patent defects in recorded
instruments (for example, failure to attach notarial
acknowledgment or a legal description).
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Defective acknowledgment due to lack
of authority of notary (acknowledgment taken before commission
or after expiration of commission).
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Forged notarization or witness
acknowledgment.
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Deed not properly recorded (wrong
county, missing pages or other contents, or without required
payment).
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Deed from grantor who is claimed to have acquired title
through fraud upon creditors of a prior owner.
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