Friday, November 26, 2010

"No title exam requested or performed"

This morning I found an email from a registry customer asking about the significance of language in a deed that said "No title exam requested or performed." My experience has been that some attorneys, when retained to draft a new deed, add such language to that deed, presumably to make clear that any issues related to the title of the property were not missed or ignored by the attorney. I know of no requirement that such language be added, nor any benefit of adding it. I suspect some attorneys add it routinely, others might only add it in situations where they know there are problems with the property and are trying to avoid becoming ensnared in (i.e., "blamed for") subsequent efforts to fix the problem.

While most who deal with real estate regularly attribute any added significance to deeds containing such language, it seems that a lay person viewing such a deed might find the language to be of concern.

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