What Is a Title Search and Why Can It Delay Your Closing?

TL;DR: A title search is a review of public records to confirm the seller actually owns the property free and clear, and it typically takes 10 to 14 business days. Closings get delayed most often because of unpaid liens, old mortgages that were never released, unresolved estate or divorce claims, or boundary and easement disputes turning up in county records. Most of these issues can be cleared before closing if the title company catches them early.

_Last reviewed: August 2026 · 7 min read_

You're 30 days from closing and someone mentions a "title issue" that nobody explained clearly. That vague phrase can mean a $200 fee to release an old lien or a six-week delay while heirs sign off on an estate. Here's what a title search actually checks and what tends to slow it down.

Okoniq Property Hub helps owners keep permits, repair records, and past ownership documents organized in one place, which is exactly the paperwork a title company asks for when something doesn't match county records.

What does a title search actually check?

A title search is a review of public records going back decades to confirm the seller has legal right to sell the property and that no one else has a claim on it. The title company or attorney pulls deeds, mortgages, tax records, court judgments, and liens tied to the property's address and the seller's name.

Most searches go back 30 to 60 years, sometimes further in older cities where property has changed hands many times. The examiner is looking for a clean "chain of title," meaning every past transfer was recorded properly and nothing was left unresolved. If a previous owner had a lawsuit, an unpaid contractor bill, or a divorce that split ownership, it can still show up in the chain even if the current owner never dealt with it directly.

This is also where unpermitted work sometimes surfaces. If a past addition or structural change was never permitted, some county systems flag it during the title or tax record pull, which is one more reason issues like the ones covered in 5 foundation cracks that are serious and 3 that aren't can turn into paperwork problems, not just repair ones.

Why does a lien show up out of nowhere?

A lien shows up when someone, a contractor, the IRS, a homeowners association, or a former spouse filed a legal claim against the property that was never formally released. Liens attach to the property itself, not just the person who owed the money, so a $4,000 unpaid contractor bill from eight years ago can still block a sale today even if the current owner had nothing to do with it.

Mechanic's liens are the most common surprise. A contractor who wasn't paid in full has 60 to 120 days in most states to file one, and if it was filed and never released, it stays on record indefinitely. HOA liens for unpaid dues work the same way and are common in states like Florida and Nevada with active associations.

The fix is usually straightforward: pay off the lien, get a signed release, and record it with the county. That process alone can add 1 to 3 weeks to a closing timeline if the lienholder is slow to respond, which is why title companies push to start the search the day a contract is signed, not the week before closing.

| Issue type | Typical delay | Who resolves it | |---|---|---| | Unpaid contractor lien | 1-3 weeks | Seller pays, contractor files release | | Old mortgage not released | 1-2 weeks | Prior lender sends satisfaction of mortgage | | Estate/heir dispute | 4-8+ weeks | Probate attorney, court filing | | Boundary/easement conflict | 2-6 weeks | Survey, attorney negotiation |

What if the seller inherited the property?

An inherited property can delay closing for weeks or months if not every heir has signed off on the sale, because title has to pass cleanly through probate before it can transfer again. If a parent left the house to three children and one hasn't signed a deed or waiver, the title company will flag it and the sale cannot close until that's resolved.

This is one of the slowest categories of delay. Probate itself can take 6 months to a year depending on the state, though a straightforward sale with cooperative heirs and a small estate affidavit can sometimes clear in a few weeks. Texas, California, and Florida each have simplified small-estate procedures that skip full probate if the estate is under a set dollar threshold, but the threshold and paperwork vary by state.

If you're the seller in this situation, get an estate attorney involved before listing, not after an offer comes in. Buyers' financing timelines usually don't have the flexibility to wait out a slow probate court.

How do surveys and easements cause delays?

Surveys and easements cause delays when the property lines on record don't match what's physically on the ground, or when a utility or neighbor has a legal right to use part of the property that wasn't disclosed. A fence built 3 feet over the line, a shared driveway with no recorded easement, or a utility easement that overlaps a planned addition can all stop a closing.

Lenders typically require a current survey, and if the last one is more than 10 years old, most title companies will order a new one. Discrepancies between the old survey and the new one, like a shed built into a setback or a pool that encroaches on an easement, have to be resolved or disclosed before the lender will fund. This overlaps with disclosure issues that come up around older homes, similar to what's covered in 5 signs you still have knob-and-tube wiring, where insurers and title companies both want documentation of what's actually there versus what's on paper.

What can sellers do ahead of time to avoid delays?

Sellers can avoid most title delays by ordering a preliminary title search before listing, not after accepting an offer. This gives 2 to 4 weeks of lead time to clear a lien, track down a missing signature, or start a small probate filing before a buyer's financing clock is running.

It also helps to keep records of any electrical, plumbing, or structural work with permits on file, since some lenders and insurers cross-check permit history against tax records during underwriting. An older home that had a service panel upgrade, like the kind discussed in 100 vs 200 amp service: do you have enough power, or an outlet grounding upgrade like 2-prong vs 3-prong outlets: how to upgrade safely, should have that paperwork ready to hand over, since insurers sometimes request it before binding a policy, which itself can hold up closing.

FAQ

How long does a title search take?

A standard title search takes 10 to 14 business days, though it can stretch to 3 to 4 weeks if the property has a complicated ownership history, an estate involved, or liens that need to be tracked down and released.

Who pays for the title search?

The buyer typically pays for the title search and title insurance in most states, though in a handful of states like New York and parts of Florida, it's customary for the seller to cover it. This is negotiable and usually spelled out in the purchase contract.

Can a title search be wrong?

Yes, title searches rely on public records that can have clerical errors, misspelled names, or missing recordings, which is exactly why title insurance exists. A title insurance policy, usually a one-time premium of $500 to $3,500 depending on the sale price, protects the buyer and lender if an error surfaces after closing.

What's the difference between a title search and title insurance?

A title search is the research process that checks for problems before closing, while title insurance is the financial protection that pays out if a problem is missed and surfaces later. You typically need both: the search to catch known issues now, the insurance to cover unknown ones later.

Can closing happen with an open title issue?

Sometimes, if the lender and title company agree to close with an escrow holdback, meaning money is set aside to resolve the issue after closing. This is common for minor items like a small unpaid utility bill but rare for anything involving liens over a few thousand dollars or unresolved ownership claims.

This is educational information, not legal advice. Consult a real estate attorney or your title company about the specific issue affecting your closing.