What is the proper wording to correct a cloud on title with a Quitclaim Deed?

Answer 1

A cloud on a title is not corrected simply by "proper wording" in a quitclaim deed.

A cloud on a real estate title is some defect or potential defect in the owner's title. It arises from some claim against the owner's interest such as a lien, an easement, a court decree or very often a missing interest from some former owner who died.

A cloud on the title, also called a title defect, can prevent the sale of a property until the defect is resolved. Many title defects can be resolved by recording missing documentation. For example:

• A missing heir can sometimes be found and will agree to execute a deed that conveys their missing interest.
• A probate can be filed for someone who died owning an interest in the property.
• A corrective deed can be recorded to correct an error in the description in an earlier deed in the chain of title if that former owner is still available.
• A discharge can be recorded for an old undischarged mortgage.
• An old tax taking can be redeemed by paying the outstanding tax bill.

Some clouds can be addressed quite easily and with little expense. Others can be quite costly to solve if they can be solved. In cases where it's not possible to record corrective documentation, a cloud on the title must be removed by a judicial order.

Representation by a knowledgeable attorney, a comprehensive title examination by a professional and an owner's title insurance policy from a conservative, reputable company can protect a property owner against any clouds arising after acquisition.