In short
A title search reviews the public record of a property to find who owns it and what claims are attached. Lenders insist on it: for an FHA loan, the lender must obtain title evidence showing good and marketable title and must clear objections so the mortgage is in first lien position (HUD Handbook 4000.1, revised August 12, 2026). Title search is a separate service from title insurance, though the two usually come together.
What is a title search?
The CFPB says “title services include title insurance, title search, and other costs and services associated with issuing title insurance,” and calls them the largest costs among the closing services you can shop for. Who does the work, a title company or an attorney, can vary by state. The outcome is a title report or commitment that lists what the search found and what must be fixed before closing. FHA tells its lenders to “order a title commitment to ensure the Property will be properly titled and the Mortgage secured.”
What a title search looks for
Federal sources describe the following matters, which a search is meant to uncover.
- Chain of title. FHA requires evidence of prior ownership when the property was sold within the last 12 months, to catch undisclosed transactions between related parties.
- Mortgages and other liens. Fannie Mae requires a title policy that “must list all other liens” and state that they are subordinate to its mortgage.
- Federal tax liens. A federal tax lien is the government’s claim against a person’s property, including real estate, when a tax debt goes unpaid. The IRS files a public Notice of Federal Tax Lien, and it releases the lien within 30 days after the debt is paid in full.
- Easements, encroachments and restrictions. HUD’s title exceptions rule (24 CFR 203.389) lists common items it tolerates, such as utility easements, small encroachments of up to one foot, customary building and use restrictions, and mineral rights customarily waived by prudent lenders. Other defects need a waiver.
- Claims from the past. The CFPB says legal claims can arise from “a previous owner’s failure to pay taxes” or unpaid contractors.
A search reads records. It can miss what the records do not show, which is why title insurance exists. Ask for the title commitment or report early, read the list of exceptions line by line, and ask about every item you do not understand. Items that a search finds are known risks you can negotiate or fix. The ones it misses are what an owner’s policy is for.
From search to insurance
Title insurance is the protection that remains after the search. The CFPB explains:
| Policy | Protects | Required? |
|---|---|---|
| Lender’s | The lender’s loan; “does not protect your investment in the home” | Usually required by the lender |
| Owner’s | Your financial stake, if someone later sues and claims the home | Optional |
The CFPB says the total cost is usually lower when both policies come from the same provider. Fannie Mae requires coverage at least equal to the original loan amount, written on the 2021 American Land Title Association loan policy form (or an equivalent) for loans originated on or after January 1, 2024. You may be able to choose the title company: RESPA bars a seller from requiring a particular title company as a condition of sale, on penalty of three times the title charges (12 U.S.C. 2608). Details are in title insurance explained.
Reading your results
If the report shows a problem, ask your agent, attorney or closing company what must happen before closing. On an FHA loan the lender must clear objections to title, or request a waiver for exceptions outside the General Waiver. If a waiver is denied and good and marketable title is not obtained, “the Mortgage is not eligible for FHA insurance.” See home buying steps, closing costs explained and earnest money.
A title search does not show physical boundaries or building condition. For those, see land survey cost and home inspection cost.
Where states differ
States decide how records are kept, who may conduct a closing and whether an attorney handles title. Find out if your state requires one in attorney at closing by state, and compare closing costs by state. State pages include Texas and California.
Frequently asked questions
Who pays for a title search?
It is usually part of the title services in your closing costs. Your Loan Estimate shows which services you may shop for. Your sales contract and your state decide who pays what.
Is a title search the same as title insurance?
No. The search reviews records to find problems before closing. Insurance protects you or your lender if a covered problem surfaces later.
Can a seller force me to use their title company?
Not when the purchase uses a federally related mortgage loan. A seller who does so owes the buyer three times the title charges.
What happens if a lien is found?
On an FHA loan, the lender must clear objections to title so the loan is in first lien position. For a federal tax lien, the IRS releases it within 30 days after the debt is paid in full.
Do I need an owner’s policy if the lender has one?
The lender’s policy covers only the lender’s loan. An owner’s policy is optional and protects your own investment.
General information drawn from the official sources cited and dated on this page. It is not legal, tax or financial advice: for your own situation, ask a licensed professional.
More buying guides
- Steps to buy a home in the United States
- How long does it take to buy a home?
- Closing costs explained: what each line means
- Earnest money: how much and when you get it back
- Buyer agreements after the 2024 NAR settlement
- Real estate commission: how agents are paid now
- Home inspection cost and what it covers
- Home appraisal cost and how it works
- Land survey cost and when you need one
- Buying land: costs, financing and checks
- Title insurance explained
- Local transfer taxes: what counties and cities add
- Mansion taxes: when a higher price triggers a higher rate
- Manufactured Homes: HUD Code, Title and Financing
- Buying a Condo: Documents, FHA Approval, Insurance
- Types of Deeds: Warranty, Special Warranty, Quitclaim
- Buying New Construction: Contracts, Warranties, FHA/VA
- How to make an offer on a house: terms, deposit, contingencies
- Home purchase contingencies: inspection, financing, appraisal
- What happens at closing: documents, walk-through, funds
- Buying a foreclosed home: HUD Homes and bank-owned sales
- Rent vs buy: what goes into the comparison
Sources
- Shop for title insurance and other closing services (Consumer Financial Protection Bureau) (consulted October 20, 2026)
- What is lender's title insurance? (Consumer Financial Protection Bureau) (consulted October 20, 2026)
- What is owner's title insurance? (Consumer Financial Protection Bureau) (consulted October 20, 2026)
- FHA Single Family Housing Policy Handbook 4000.1, Section II.A.6.a, last revised August 12, 2026 (U.S. Department of Housing and Urban Development) (consulted October 20, 2026)
- 24 CFR § 203.389, Title exceptions (Legal Information Institute) (consulted October 20, 2026)
- B7-2-03, General Title Insurance Coverage (07/06/2022), Fannie Mae Selling Guide (consulted October 20, 2026)
- Understanding a federal tax lien (Internal Revenue Service) (consulted October 20, 2026)
- 12 U.S.C. § 2608, Title companies; liability of seller (Legal Information Institute) (consulted October 20, 2026)