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A title defect, also called a cloud on the title, can prevent the sale of a property. 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.
In cases where it's not possible to record corrective documentation, a cloud on the title must be removed by a judicial order.
What else can I help you with?
Can property in the state of Texas be sold without a clear title?
Not real property such as a house or acreage. There is a process where a persson can sell a vehicle if the title is missing but not if there is a lien against said vehicle. If the issue involves liens or judgments they generally have to be "satisfied", which usually means paid in full before a sale is allowed.
How would I find out if the title has a lien on it?
It depends on what the title is to. If it's a vehicle, the motor vehicle department, which records title information for vehicles licensed in the state, will have that information on file. A phone call should allow you to discover if the car or truck has a "clear title" or has had a lien placed on it.
What is a petition or motion to clear title to real property?
That would be an action to quiet title.
How do you find if a property is free and clear?
All records that affect land are filed at the local land records office. You can go there and check under the names of the owners of the property for any outstanding liens. Of course, it may get complicated if there are probate issues or an abundance of liens and you are not a professional. In that case you could pay a title company to perform a title examination on the property which would provide you with a report on the legal status of the title.
Is it legal to sell a foreclosed property in Massachusetts that has a cloud on the title by using a quit claim deed?
Yes. In Massachusetts, and most other jurisdictions, it is up to the buyer to have the title examined in order to disclose any title defects. A buyer in such a case who didn't have the title examined would have to sue the bank and provide evidence the bank knew of the title defect. The chances of prevailing would be slim since the title status was available to the buyer by examining the land records and the bank simply quitclaimed its interest. You need to consult with an attorney.A quitclaim deed does not guarantee the seller has good title it simply transfers whatever title the grantor may own. Purchasing property at a foreclosure sale is extremely risky. All foreclosure deeds are quitclaim deeds.Caveat emptor!Yes. In Massachusetts, and most other jurisdictions, it is up to the buyer to have the title examined in order to disclose any title defects. A buyer in such a case who didn't have the title examined would have to sue the bank and provide evidence the bank knew of the title defect. The chances of prevailing would be slim since the title status was available to the buyer by examining the land records and the bank simply quitclaimed its interest. You need to consult with an attorney.A quitclaim deed does not guarantee the seller has good title it simply transfers whatever title the grantor may own. Purchasing property at a foreclosure sale is extremely risky. All foreclosure deeds are quitclaim deeds.Caveat emptor!Yes. In Massachusetts, and most other jurisdictions, it is up to the buyer to have the title examined in order to disclose any title defects. A buyer in such a case who didn't have the title examined would have to sue the bank and provide evidence the bank knew of the title defect. The chances of prevailing would be slim since the title status was available to the buyer by examining the land records and the bank simply quitclaimed its interest. You need to consult with an attorney.A quitclaim deed does not guarantee the seller has good title it simply transfers whatever title the grantor may own. Purchasing property at a foreclosure sale is extremely risky. All foreclosure deeds are quitclaim deeds.Caveat emptor!Yes. In Massachusetts, and most other jurisdictions, it is up to the buyer to have the title examined in order to disclose any title defects. A buyer in such a case who didn't have the title examined would have to sue the bank and provide evidence the bank knew of the title defect. The chances of prevailing would be slim since the title status was available to the buyer by examining the land records and the bank simply quitclaimed its interest. You need to consult with an attorney.A quitclaim deed does not guarantee the seller has good title it simply transfers whatever title the grantor may own. Purchasing property at a foreclosure sale is extremely risky. All foreclosure deeds are quitclaim deeds.Caveat emptor!
You owe nothing on your car can they still reprosess it?
wHY WOULD THAT BE AN ISSUE IF YOU HAVE A CLEAR TITLE?.
When title passes by will do you get a deed?
When title passes by will the will must be probated in order for title to pass to you legally. You do not need to record a deed to prove you inherited the property. The probate records will reflect your ownership. However, if you would like to record a deed in the land records the attorney who handled the estate can draft a proper deed for you and you can record it in the land records to notify the world of your ownership.When title passes by will the will must be probated in order for title to pass to you legally. You do not need to record a deed to prove you inherited the property. The probate records will reflect your ownership. However, if you would like to record a deed in the land records the attorney who handled the estate can draft a proper deed for you and you can record it in the land records to notify the world of your ownership.When title passes by will the will must be probated in order for title to pass to you legally. You do not need to record a deed to prove you inherited the property. The probate records will reflect your ownership. However, if you would like to record a deed in the land records the attorney who handled the estate can draft a proper deed for you and you can record it in the land records to notify the world of your ownership.When title passes by will the will must be probated in order for title to pass to you legally. You do not need to record a deed to prove you inherited the property. The probate records will reflect your ownership. However, if you would like to record a deed in the land records the attorney who handled the estate can draft a proper deed for you and you can record it in the land records to notify the world of your ownership.
What is an examination in a title commitment?
An Exam refers to the examination of Public Records relating to the property in question. Most states now allow Public records to be viewed online far enough back for Title Insurers to obtain clear title or reveal any title defects that would need to be corrected before the transaction can be completed. There are still states out there though that require someone to physically go to the courthouse and examine the recorded Public Records. Therefore, costs of the exams vary radically. Florida, however, has just determined that the exam should be included in the cost of the Title Insurance and cannot be shown as a separate charge on the Settlement Statement. The examination does not appear in the Title Commitment, so I hope I have provided the information you were looking for.
What is Accommodation Recording by a title company?
That would refer to recording services- recording the documents in the land records.
I am starting a business that will rely on verifying free and clear titles .I want to set up a title company that verifies title strictly for my other company. How can I verify title?
Real Estate titles can be verified at the clerk's office in the Deed Books. All Deeds are recorded & liens too. These are all publice records. That would be the court house in the city or county, where the property is located.
What does no lien on truck title means?
It would mean EXACTLY what it says; there is "NO LIEN", the named owner on the title owns the vehicle free and clear and can do with it as he or she pleases.
How can you find out if any liens are on a house left to you and others in a will?
You need to have a title examination performed in the land records by a professional title examiner. Your attorney would be able to arrange it.
