Monthly Archives: January 2015

10 Common Title Issues

Titles are a confusing section of the law that most consumers do not understand, but should. In fact, there is a reason homeowners are required to carry title insurance. While issues do not always occur, all it takes is one title hiccup to ruin a home sale, delay a refinance or worse.
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Below are the ten most common types of title issues.

  1. Public Record Errors

Public record errors, while uncommon, do happen. All it takes is a simple clerical error to mess up the deed of your home – and you’re stuck paying to fix the issue.

  1. Liens

Most property owners are aware when a lien is placed on them as they often receive a notice in the mail stating such. But, if you just purchased a property, you have to deal with the liens of the previous property owners. Unfortunately, even if the debt is not yours, the lender or bank can place a lien on the last known property of the debt owner. To have these unknown liens removed, you may have to spend a few days in court defending your case, and of course, hire an attorney.

  1. Deeds by Illegal Immigrants

The deed on your home by you is valid, but in some cases, a person in this country may have filed a prior deed. This can change the enforceability of the deed and possibly affect your ownership status of the property.

  1. Heirs

If an individual dies, the ownership of his or her home may go to an heir of the estate. But, if the beneficiary is missing at the time, the property ownership can be contested by other family members. Even after the property is sold estate issues can arise, making your own ownership an issue.

  1. Forged Documents

Forged documents can affect your ownership, especially if those forged documents were filed and recorded for public record.

  1. Third Party Claims

In some cases, a third party may have a claim to your property – which is not disclosed to you at the time you purchased the property. These claims can be due to a mortgage lien, financial or non-financial claims, etc. A third party claim can limit your own use of the property until it is resolved.

  1. Easement Issues

Easements can prohibit you from using your land in the way you intended. Also, certain easements may allow government officials to enter your property without your permission. Easements are not usually financially related, but they are a hassle and can severely disrupt your life.

  1. Survey Issues

When you are buying a home or property, you will be presented with a few boundary limits and surveys, but you may have noticed that each one has a slightly different boundary. In these cases, a neighbor could claim a portion of your property as theirs, and these types of disputes can hold up your title processing for some time.

  1. Will and Testament

When an owner dies without a will, the state uses its discretion to sell off and distribute assets. But, years later a will could be found that gives another party rights to the property, even if you purchased it and live in it.

  1. False Impersonations

Buying a home should be straightforward, but sometimes there are false owners who will sell the property, even if they do not have rights to do so. In these cases, you may risk losing the property.

Protect Yourself with a Quality Title Search

You can protect yourself from title issues coming back to haunt you later just by having an adequate title search performed. The team at Accurate Title Company offers a comprehensive title search process that uncovers everything from false ownership to boundary issues to unknown liens

Contact us today to learn more about our title search capabilities by calling 913-338-0100

From Title Lab



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