Owning a house is a big deal, and unexpected issues with the title can derail your homeownership dreams. Let's explore some common title problems and how to address them:
1. Errors in Public Records: These can be typos, filing mistakes, or even missing documents related to the property's history.
Resolution: A title company will typically uncover these during a title search. Depending on the severity, an affidavit from the rightful owner or corrected paperwork might be enough to fix the issue.
2. Liens: An unpaid debt, taxes owed, or a court judgement can result in a lien placed on the property. This means the creditor has a legal claim to the property if the debt isn't settled.
Resolution: The seller should pay off the lien before closing. If it's a mistaken lien, you might need to work with the lienholder to get it removed.
3. Missing Heirs: If a previous owner has passed away and there are unknown heirs who have a legal claim to the property, it can cloud the title.
Resolution: A thorough title search should try to identify all heirs. In some cases, legal action might be required to establish clear ownership.
4. Boundary/Survey Disputes: Disagreements about property lines with neighbors can be a headache.
Resolution: A new survey by a licensed professional can help clarify the property lines. Mediation or even lawsuits might be necessary in some cases.
5. Unknown Easements: An easement grants someone the right to use part of your property for a specific purpose, like accessing a utility line. If an easement isn't properly documented, it can cause problems down the road.
Resolution: A title search should uncover easements. If an unknown easement is discovered, you might need to negotiate with the easement holder.
Getting Help:
Title issues can be complex. If you're buying a property and encounter title problems, consult a real estate attorney to understand your options and ensure a smooth closing. Title insurance can also protect you from financial loss due to covered title defects.
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