If you have finally found the property you wish to purchase, you hope the title is free and clear.
However, a title search may bring issues to light that must be resolved before a lender will give you a mortgage loan. Here are five examples of common title problems.
1. Lien issues
A previous owner of the property may not have paid all the bills that were due. In that case, a bank or building contractor may have placed liens on the property.
2. Missing heirs
If a former owner died, the property you now wish to buy may have passed to heirs who were missing at the time of death. Once located, they may contest the decedent’s will over their own property rights.
3. Boundary disputes
The results of various surveys may show different boundaries. In this case, a neighbor may claim ownership of a portion of the property you wish to buy. An unknown easement might also prevent you from using the property as you would like. An easement issue might permit businesses or other parties access to portions of your property.
4. Illegal deeds
During a title search, a deed problem could arise in that someone such as a minor, an undocumented immigrant or a person of unsound mind affects the chain of title. These and similar issues could affect your ownership plans.
5. Public record errors
Another seemingly simple issue that can cause complications for you as a potential buyer concerns public record errors. Just a clerical mistake or filing error can cause unnecessary havoc.
You can rely on legal guidance when title questions arise. Your attorney can assist with the title search, ensure that the closing goes smoothly and help you become the new owner of a property with clear title.