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How do you clear a title defect?
Methods include: discharge by the recording of a satisfaction of the mortgage removing the realty from the lien of the mortgage by recording a release. Discharge by court order. And, in some limited cases, discharge by a filing by a third party, such as a title insurer, a court-appointed personal representative, or an
How do you resolve title issues?
Many title issues can be resolved by filing one of three common documents: A quit claim deed removes an heir and clears up title among co-owners or spouses. A release of lien/judgment removes a paid mortgage or spousal or child support lien. A deed of reconveyance records payment of a mortgage under a deed of trust.
How long does it take to resolve a title issue?
The usual time that it takes for the title policy to be cleared is about ten to fourteen days. It, however, is uncommon for the period to extend past the two-week mark.it should be noted that this period can be affected by several factors.
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.
What are title defects?
A title can be considered defective if there is something missing from it, or something within the title that should not be. This might be a missing right of way, a piece of land that forms part of the physical property but is not included in the legal title, a public right of way over the land etc.
What does a title search look for?
A title search will determine the legal owner of the property. Reveal any mortgages, liens, judgments, or unpaid taxes that will have to be cleared before the property can be sold. And detail any existing easements, restrictions, or leases affecting the property.
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.
How long does it take to clear a title?
Process Takes Around Two Weeks The title process usually takes about two weeks. However, depending on the property and transaction type, this can vary dramatically. Your real estate agent or escrow/title officer can give you updates on the timetable as the closing progresses.
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