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Catladyfaye

Title abstract from attorney

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I recently purchased a home in South Carolina and paid for title search and policy.  Am I entitled to a copy of the title search I paid for?  Attorney says she will give me the title policy, but not the search.

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A copy of the abstract showing what documents were searched and found, chain of title, etc.  In New Jersey when property is searched the attorney gets a copy of the title search with copies of past deeds, mortgages, liens etc.  I'm not sure what the difference is between title abstract and title search, I suspect its the same thing, but I paid almost $600.00 for title to be searched and the deed from the seller states "deed was prepared without benefit of title examination".  In NJ, the buyers attorney does a search, sends the copy of the search with property description, including any exceptions to title (right of way, etc) to the seller's attorney and that is what is used to prepare the deed.  

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I don't know what the practice is in South Carolina.  In Virginia, the "title search" typically only involved examining the grantee/grantor indexes (sometimes the will books) to determine whether the seller was the title owner and whether there were any encumbrances on the property. The examination only went as far back as the length of the statute of limitation on title challenges.  The examiner also examined the tax department records to establish the taxes had been paid and determine the current tax obligation.  I am not aware of any title examination that would have produced copies of any deeds or other documents.  There was not generally any formal documentation of the title search aside from some notes by the title examiner.

 

As a practical matter, there are usually very few title insurance companies in any area.  Those that do cover the area normally have sufficient internal records of prior title searches and insurance sufficient to allow them to do primarily in house searches followed up with "title bring downs" to bring them up to date.

 

In real estate transactions I was familiar with, the attorney (or settlement agency) that prepared the deed did not perform or review any title examination.  The only entity concerned about the chain of title was usually the title insurer.  Any exceptions would be included in the title insurance.

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