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6 Common Title Issues You Should Know About

Title issues can arise during the buying or selling process of a property. These issues can cause delays, added costs, and even a cancellation of the transaction. It's important to be aware of common title issues and how to resolve them to ensure a smooth and successful real estate transaction.

  1. Liens: A lien is a legal claim against a property by a creditor. This means that the property cannot be sold until the lien is paid off or removed. Common types of liens include property tax liens, judgment liens, and mechanic's liens. To resolve a lien, the lien holder must be paid off or the lien must be released.

  2. Unpaid Taxes: Unpaid property taxes can also be a title issue. Before closing, the property taxes must be paid in full or a payment plan must be established.

  3. Easements: An easement is the right for someone to use a portion of someone else's property. This can include things like utility easements, access easements, and right-of-way easements. Easements can impact the use and development of a property, so it's important to know if any exist before purchasing a property.

  4. Boundary Disputes: A boundary dispute occurs when there is a disagreement over the location of a property line. This can be resolved through a survey or by hiring a professional to determine the correct property line.

  5. Cloud on Title: A cloud on title is a defect or encumbrance on the title that makes it unmarketable. This can include things like outstanding judgments, unresolved liens, or missing documents. To resolve a cloud on title, the underlying issue must be corrected and the title must be cleared.

  6. Forged Deeds: A forged deed is when someone fraudulently changes the ownership of a property. This can be resolved by proving the forgery in court and having the fraudulent deed voided.

It's important to work with a reputable title company or attorney to ensure that these and other title issues are identified and resolved before closing. They can also help you understand the impact of any title issues and assist in resolving them. It's also important to note that some title issues may require legal action and it's always best to consult with an attorney. They can guide you through the process and help you understand your rights.

In conclusion, title issues can cause delays and added costs, but with the right title company, these issues can be resolved efficiently and effectively. Sunny Settlements will ensure a smooth transaction and successful closing, every time.

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