What Is a Title Search?
A title search is a systematic review of public records — including the county recorder of deeds, circuit court records, and property tax records — to trace the history of ownership of a piece of real estate and identify any claims, liens, or defects affecting the title.
In Illinois, the title search is performed by a licensed title company before issuing a title insurance commitment. The searcher reviews the chain of title going back at least 40 years (often further) and reports on every recorded instrument that affects the property.
For every piece of Illinois real estate, the public record contains a documentary history: deeds recording each transfer of ownership, mortgages and their releases, judgment liens, mechanics liens, easements, covenants, tax delinquencies, and court cases affecting the property. The title search reads this history and flags anything that could affect the buyer's right to receive clear title at closing.
What a Title Search Can Find
A thorough Illinois title search reviews multiple databases and can find:
Reading the Title Commitment
After the search is complete, the title company issues a title commitment — a document committing to issue a title insurance policy after closing, subject to stated conditions and exceptions. Every title commitment contains the same basic sections:
Basic Information
Identifies the property (legal description and street address), the amount of insurance (purchase price for owner's, loan amount for lender's), and the names of the insured parties. This schedule confirms who is buying what, for how much.
Requirements
Lists conditions that must be satisfied before the title company will issue the policy. Common requirements: pay off the seller's existing mortgage, pay off any judgment liens, provide proper identification, execute a proper deed. Your attorney reviews these to ensure they will be met at or before closing.
Exceptions to Coverage
Lists items that will remain after closing and are NOT covered by the title insurance policy. This often includes recorded easements, utility rights-of-way, HOA declarations and bylaws, and existing encroachments. Review Schedule B-II carefully — these are the risks that title insurance will not cover.
Why Schedule B-II Matters
Schedule B-II is the most important section for buyers to understand. Anything listed there is a known condition that you are accepting as part of your purchase — the title insurer will not compensate you for a claim based on a Schedule B-II exception. Your attorney reviews these exceptions to ensure they are acceptable and to flag anything unexpected.
Clouds on Title: What They Are and How to Resolve Them
A "cloud on title" is any claim, lien, encumbrance, or other recorded instrument that calls into question the quality of the seller's title. Clouds must be resolved before a clean title can be conveyed to a buyer. Common resolution methods include:
| Type of Cloud | Typical Resolution | Who Handles It |
|---|---|---|
| Unreleased mortgage | Contact prior lender for release; record payoff certificate | Title company + seller's attorney |
| Judgment lien | Pay off the judgment; obtain release from creditor | Seller (paid from closing proceeds) |
| Mechanics lien | Pay contractor; indemnification escrow; title insurance over | Seller's attorney + title company |
| Tax delinquency | Pay past-due taxes (prorated at closing) | Seller (from proceeds) |
| Lis pendens | Resolve underlying litigation; obtain release | Seller + their attorney |
| Missing heir | Locate heir for quitclaim deed; or quiet title action | Seller's attorney; possibly litigation |
Common Title Defects in Cook County
Cook County has a long history of real estate activity, and title searches in Chicago and the suburbs regularly surface these issues. Click each to learn more:
Frequently Asked Questions
Have a Title Issue? Let's Resolve It.
Illinois Estate Law reviews title commitments and resolves title defects for buyers and sellers throughout Cook County. We identify problems others miss — and fix them before they delay your closing.
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