Foreclosure Search
A Foreclosure Search (often referred to as a Foreclosure Title Report or Trustee's Sale Guarantee research) is a specialized title investigation focused on identifying every recorded party with an interest in a property who must be legally joined or served with statutory notice prior to foreclosure.
Common Transaction Uses
- Judicial foreclosure lawsuit preparation by creditor attorneys
- Non-judicial trustee's sale proceedings under deeds of trust
- Tax lien foreclosure actions and municipal forfeiture proceedings
- Pre-foreclosure loss mitigation audits and default loan servicing
Public Records & Filings Examined
- Mortgage or deed of trust being foreclosed and its assignment history
- Junior mortgages, home equity lines, and subordinate deeds of trust
- Federal tax liens (IRS) with statutory redemption period considerations
- State tax liens, municipal code enforcement liens, and utility liens
- Mechanics' and materialmen's liens with priority review
- Homeowners Association (HOA) and condominium super-priority liens
- Civil court judgments and recorded lis pendens notices against mortgagors
- Bankruptcy filings and active bankruptcy stay verifications
- Military status / Servicemembers Civil Relief Act (SCRA) notifications
Information Required to Request
- Subject property address and county/state jurisdiction
- Assessor's Parcel Number (APN)
- Recording details of the mortgage or deed of trust subject to foreclosure
- Borrower/mortgagor name(s) and any known successors in interest
Examination Considerations
Omission of a required junior lienholder or interested party can render a foreclosure decree defective as to that party. Precision in identifying all record parties is of paramount importance.
Frequently Asked Questions about Foreclosure Search
Why is a foreclosure title search necessary before initiating foreclosure?
State statutes require that all parties with an interest or lien of record be given legal notice. Failing to name an encumbrancer in judicial foreclosure or notify them in non-judicial proceedings can cloud title post-sale.
How are IRS federal tax liens treated in a foreclosure search?
Federal tax liens require specific statutory notice under 26 U.S.C. § 7425 to discharge the federal lien from the property, giving the IRS a 120-day right of redemption.
Related Title Research Services
Order a Foreclosure Search
Submit your order identifiers through our contact form. Our intake team confirms receipt and initiates registry examination promptly.