Files Mechanics Liens, Prelims and Bond Claims nationwide 800-432-7799
www.mechanicslien.com
Construction Lien Filing Service. Get Paid Now. Give Us a Call!
www.CentralDBA.com
on Calif. titles for all types of lien holders 800-972-2881
www.americanlicensingservices.com
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Guide to Encumbrance
Buy property with confidence by clearing it of all encumbranceLiens against the property, including a mortgage encumbrance, must be paid before a new owner takes control of the property, or the new owner will incur the debt. The seller must disclose an encumbrance list or he can legally be held in breach of contract. In most states, title companies are responsible for the title search to check for and disclose encumbrances and offer title insurance for the new owner's peace of mind. You can do the following:
1. Check the property for an encumbrance by searching the property yourself.
2. Get title insurance to protect yourself from an encumbrance.
3. Look for an encumbrance that pays you--for example, mineral rights.
Action Steps
The best contacts and resources to help you get it done
Get an encumbrance provider to help with a title search of the property
Check the property for encumbrance information by getting or completing a title search. This will protect you from anything unexpected that may turn up prior to closing. Most mortgage companies require a property search to protect them from housing encumbrance problems as well.
I recommend:
Request a title search online from Pacific Corporate and Title Services. Or, although having a professional search is recommended, you can do the search yourself by looking up the information in the county where the property is located by using Nationwide Environmental Title Research. Click on the state and choose the county where the property is located to begin the search.
Order title insurance to protect yourself from an encumbrance
Protect yourself from encroachment of a neighbor's fence or buildings, unnoticed mortgages or other potentially costly disputes by acquiring title insurance. This protects you from home encumbrance issues on the property. Unlike other types of insurance that have a monthly bill, title insurance is generally collected at closing as a one-time fee.
I recommend:
Consider ordering your title work and insurance online with Chicago Title. Or compare prices and save. First American also offers residential and commercial solutions online.
Find encumbrance information online for oil and gas rights
Look at another type of encumbrance: mineral rights. The mere fact that you own the surface of the land doesn't mean you're entitled to the oil, gas or other resources below the surface. In fact, you can buy and convey mineral rights separately from surface ownership.
I recommend:
Search online at the Mineral Rights Store to find and purchase rights or leases. Or you can bid online for mineral interests on EnergyNet's website.
Tips & Tactics
Helpful advice for making the most of this Guide- If your property's encumbrance involves mineral rights, find an expert who specializes in mineral rights. Both surface and mineral rights must be mapped to verify ownership.


