After a closing, who is responsible for ensuring that the title is updated and marketable?

The closing attorney plays a pivotal role in the real estate transaction process, particularly in ensuring that the title is updated and remains marketable after the closing. This responsibility typically falls on the closing attorney because they are tasked with performing a thorough title search to confirm that the property title is clear of defects, liens, or other encumbrances.

The closing attorney also prepares and files the necessary documents with the county clerk or register of deeds, thus ensuring that the new owner’s claim to the property is formally recognized. Their expertise in handling these legal matters helps to provide peace of mind to both the buyer and seller, ensuring that the transfer of the property happens smoothly and that the title remains protected.

While the buyer is certainly interested in a marketable title and may engage in a title search or obtain title insurance for their added security, it is ultimately the closing attorney who is formally responsible for executing the duties that confirm and record the change in ownership. Similarly, while the seller and the seller's agent have their roles in the transaction, they do not have the legal obligations related to title conveyance after the closing has taken place.