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One of the most important parts of the title search is to determine
if there are any unsatisfied judgments against the seller or previous owners
which were in existence while they owned the title. A judgment is a
general lien against the debtor's real estate and constitutes security for any
money owed under the judgment. The real estate can be sold to satisfy the
judgment.
It is extremely important to be sure that a title is not subject to judgments
against the seller or previous owners. Title insurance provides this
protection. A judgment against a person named Smith may affect the title
of a seller name Smith, depending on whether or not they are the same
person. So, all possible variations of the name must be examined.
Rights established by judgment decrees, unpaid federal income taxes and
mechanics' liens all may be prior claims on the property, ahead of the buyer's
or lender's rights. If a judgment is discovered that constitutes a defect
in the title, it is pointed out, and the seller must then satisfy it before the title of the new buyer can be insured free and clear of that judgment.
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