Skip To Content

    10 Common Title Problems | Platinum Title & Escrow

     

    Owning the title to your property makes you the legal owner of that property. But, every property has a history, and a thorough title search can help uncover any title deficits tied to your property. And subject to the terms of the policy, your title insurance provides protection for you from title problems that may become known after you close on your property.

    Some of these common title issues include: 

    1. Errors in public records

    Clerical or filing errors could affect the deed or survey of your property and cause undue financial strain in order to resolve them.

    2. Unknown liens

    Banks or other financial institutions can place liens on your property for unpaid debts even after you have closed on the sale.

    3. Illegal deeds

    While the chain of title on your property may appear perfectly sound, it’s possible that a prior deed was made by an undocumented immigrant, a minor, a person of unsound mind, or someone who is reported single but in actuality married. These instances may

    affect the enforceability of prior deeds, affecting prior (and possibly present) ownership.

    4. Missing heirs

    If someone doesn’t have their affairs in order, it could cause an obstacle when it comes to your property. When a person dies, ownership may fall to their heirs or others named in their will. But sometimes those heirs are missing or family members contest the will. These scenarios can affect your rights to the property.  

    5. Forgeries

    Our reality is that we don’t live in an honest world. Forged and fabricated documents that affect property ownership sometimes wind up filed within public records. This obscures the rightful ownership of the property, jeopardizing your rights to the property. 

    6. Undiscovered encumbrances

    Three can be a crowd, especially when it comes to owning a home. At the time of purchase, you may not know that a third party holds a claim to all or part of your property due to a former mortgage or lien, or non-financial issues like restrictions or covenants limiting the use of your property. 

    7. Unknown easements

    Even if you own your home and property, unknown easements may prohibit you from using it as you’d like or could allow government agencies or businesses access to all or portions of your property, which affects your right to enjoy your property.

    8. Boundary/survey disputes

    Several surveys of your property may exist that offer differing boundary lines. This could allow a neighbor and someone else to claim ownership to part of your property.

    9. Undiscovered will

    When a property owner dies without an apparent will, the state may sell his or her assets, including his house. When you purchase a house, you assume you are the rightful owner. However, even years later, the deceased owner’s will may surface that could jeopardize your rights to the property.

    10. False impersonation of previous owner

    Common and similar names can make it possible to falsely impersonate a property owner. If you purchase a home that was once sold by a false owner, you can risk losing your legal claim to that property. 

    These issues are often covered under an owner’s title insurance policy. When you buy a home, ensure you are protecting this major investment with title insurance.

    Trackback from your site.

    Leave a Reply

    Recent Testimonials

    Testimonial data verified by RealSatisfied

    About our blog

    NEW & NOTEWORTHY - Something is always happening at kwELITE! Keep current with the latest in real estate with our weekly blog posts. Check out a few of our favorites below.