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How do you resolve title issues?
Ask your realtor. ...
Search the phone book. ...
Get a referral from a professional association.
What are common title defects?
The most common types of title insurance claims include: Errors in the public record. Undiscovered liens. Omitted heirs. Fraud.
What are defects in title?
A defective title is a piece of property or asset that has a publicly-recorded encumbrance, such as a lien, mortgage, or judgment. Because other parties can lay claim to the property or asset, the title cannot be legally transferred to another party.
What is the best protection against potential title defects?
An Owner's Policy of Title Insurance is your best protection against potential defects that can remain hidden despite the search of public records. A Loan Policy of title insurance also exists to protect your mortgage lender's interest.
What does Title Search mean?
In real estate business and law, a title search or property title search is the process of retrieving documents evidencing events in the history of a piece of real property, to determine relevant interests in and regulations concerning that property.
What is a cloud on the title and give some examples?
Examples of clouds on title include a property's address being misspelled in a deed conveying title, a mortgage lien whose repayment hasn't been officially recorded, a deed which has been signed but hasn't been properly recorded, an easement that has not been properly recorded, unpaid property taxes, a failure to ...
What happens if seller Cannot get clear title?
If the seller or buyer fails to comply with the terms or conditions contained in the contract perhaps the seller fails to provide clear title to the property, for example that party is said to have breached or defaulted on the agreement. The other party may then have a legal claim against the breaching party.
Can you sell property without clear title?
Can a House Be Sold Without Clearing the Title? Clouds on title, liens, encroachments and encumbrances. Terms like these pop up when you buy or sell a house. ... Generally, the law does not require a seller to warrant or clear title before a house sale closes.
What happens if seller doesn't have money for closing?
If the seller doesn't have enough money to settle mechanic's liens or other unpaid liens on the property before closing, the liens become the new owner's responsibility. The new owner must then pay off the liens or risk foreclosure, even though he wasn't responsible for the initial filing of the lien.
How long does it take to clear a title?
It is typical for your agent to initiate a title policy following the signing of the purchase agreement for the home. The usual time that it takes for the title policy to be cleared is about ten to fourteen days.
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