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  #1  
Old 04-03-2009, 02:11 PM
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kicker98 Level 1 (10)
Default title search

Can someone please tell if there is any to check public records in the Dominican Republic such as property title on the internet. If yes, please direct me to the web site. If it has to be done in person how long does it take to search for title information.

Thank you, greatly appreciate a respond,

Kicker98
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  #2  
Old 04-07-2009, 06:33 PM
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Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 (250)
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No, it's not available on the internet.

It depends. I'd recommend not to do it yourself. Hire a lawyer.
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  #3  
Old 04-08-2009, 12:34 PM
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Mason3000 Level 2 (98)
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Title search is very serious business, not a do-it-yourself project.

Don't just hire a lawyer, hire a lawyer who specializes in title search and has a track record of honesty and integrity.
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  #4  
Old 05-22-2009, 08:28 PM
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anitaemma Level 1 (10)
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Just wonder, what makes it so special, there should be. public registers, or do they not exist,

after all, facts should be facts.
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  #5  
Old 05-27-2009, 12:20 PM
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Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 (250)
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If you are not versed in Dominican real estate law, you won't know what to look for, or, probably, what you're looking at.
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  #6  
Old 05-27-2009, 02:01 PM
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Lambada Level 8 Lambada Level 8 Lambada Level 8 Lambada Level 8 Lambada Level 8 Lambada Level 8 Lambada Level 8 Lambada Level 8 (995)
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I would never recommend doing it yourself, certainly not for the first title search on a property. It has to be a good, experienced, upright lawyer. Backed by title insurance, if you choose.

What you can do yourself and I have done, is to check that someone hasn't put a lien on your title unbeknownst to you, several years after you first obtained it. This isn't difficult or expensive, just time consuming - you pay taxes at the DGII and go along with a solicitud, copy of title, cedula and some other documentation and request a search. I do this every few years - 'damage control' . It also gets the word around the Land Registry that this particular title gets periodic checks, so if there was something going on like happened in Bavaro/Higuey a few years back, it wouldn't be worth anyone's while to try to 'obtain' your title.
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  #7  
Old 05-27-2009, 02:11 PM
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AlterEgo Level 2 AlterEgo Level 2 (119)
Default Title Search vs. Title Insurance

Dr. Guzman, what is the difference between hiring a lawyer to do this, and hiring a company like Stewart Title to do the search and get title insurance? Is there a major cost difference? Is title insurance common and is it enforced by DR law, or a waste of money?

Appreciate your input!
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  #8  
Old 05-31-2009, 11:11 AM
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Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 (250)
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Usually hiring a reputable law firm is cheaper.

As for the usefulness of title insurance, it depends on the company and the exceptions listed in the policy. I have seen many policies full of exceptions which are useless.

Title insurance is not that common in the Dominican Republic.
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  #9  
Old 06-01-2009, 02:50 PM
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Castellamonte Level 3 Castellamonte Level 3 (176)
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Quote:
Originally Posted by Fabio J. Guzman View Post
Usually hiring a reputable law firm is cheaper.

As for the usefulness of title insurance, it depends on the company and the exceptions listed in the policy. I have seen many policies full of exceptions which are useless.

Title insurance is not that common in the Dominican Republic.
However, if I might interject something here.

My understanding is that most law firms will research on the title through the Land Court only. They are focused on whether the Land Court knows of any liens or other encumbrances in addition to ensuring the title is "real". They are looking at it from the legal perspective.

That is to say, is the property accurate and legally transferable?

A title insurance company such as Stewart Title looks at the title in a slightly different way. They look at it to determine if it is insurable. So, obviously the legal aspects above are included, but also included are anything which might place the insurance at risk.

That is to say, is the property accurate, legally transferable and without any insurable risks?

For example, a pending lawsuit active in court against a piece of property would be unlikely to be noticed by an attorney researching the title. The lawsuit is still pending which means no judgment has taken place which means there is no record of it in the Land Court.

But Stewart Title looks into what "risks" are involved. It would be a clear risk to purchase a property with a pending legal action against it. So in that case the title company might well trump the legal establishment in locating a heretofore unknown risk you were also taking on.

...at least this is all my understanding.
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  #10  
Old 06-05-2009, 12:03 PM
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Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 (250)
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Castellamonte, with the new Land Registry Law all suits are recorded inmediately at the Registry, and if they are not recorded, they cannot affect a third-party purchaser of good faith.
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