What problems can arise with a title?

When going through the home buying or closing process, potential home buyers likely have many questions they need answered. Questions that may arise relate to potential title issues. Knowing about potential title issues and what to anticipate can help potential home buyers navigate the process.

One type of potential title problem to be aware of is simple clerical filing errors which, though they may seem small, can have a significant impact on the rights of the homeowner. In addition, it is essential to ensure that there are no existing liens on a property the potential buyer is considering purchasing. Potential buyers should also take into account if there are any encumbrances on the property unknown to them such as restrictive covenants or unknown easements. In addition, all boundary line and survey disputes should be resolved which can come up later to haunt the homeowner.

Potential buyers should also be on the lookout for illegal deeds which can be thought of as essentially an illegal contract with a party that was not in a position to contract including minors, parties of unsound mind, undocumented immigrants, as well as some others. Additionally, it is important to ensure there have not been any forgeries in the chain of title, false impersonators of a previous owner, a will that is unaccounted for and that all potential heirs have been accounted for.

The first step when approaching title issues is to ensure the potential home buyer is aware of all of them. Secondly, potential home buyers should understand how to address various title issues that may arise for a success home purchasing process.

Source: First American, “10 Common Title Problems,” Accessed May 2, 2018

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