Think Your Title Problem Can't Be Solved? Here's What Happens Next

This is the article that brings the entire "Title Problems & Curative Solutions" series together. If you have a title problem that seems hopeless, start here. 1st Option Title built its practice around transactions that other title companies turn away, and we want to help you understand what options may be available.

The Mortgage Was Paid 22 Years Ago

The owner paid off the mortgage in full, but the release was never recorded. The lender has since been acquired by another bank, which was then acquired by another institution. No one can find the payoff records. Is the property trapped forever? Probably not. With the right evidence and underwriting review, there may be a path to clear title. Learn what happens when a mortgage was paid but never released.

The Owner Died

The person whose name is on the deed died years ago. No probate was ever opened. The property has been occupied by family members who paid taxes and maintained the property. Who owns it now? Can it be sold? The answer depends on state law, the family situation, and whether the heirs can be identified and brought into the process. Learn what happens when an owner dies before selling.

There Is Another Heir

The family thought the property passed cleanly to one child, but another child exists. The other child was not included in the probate proceeding. Do they have a claim? Possibly. Can the sale still happen? Possibly, with the right curative steps. Learn about handling unknown heirs.

The Deed Has the Wrong Legal Description

Several real-world cases have arisen where deeds contained legal descriptions that did not match the property the parties intended to convey. In a Tennessee Supreme Court case, the description included an adjacent lot the seller did not own. In an Ohio case, the description included approximately 65 acres beyond the intended motel parcel. In a Rhode Island matter, the errors were not discovered until years later during foreclosure work. In each case, the error was eventually addressed through legal proceedings. 1st Option Title, Scott Horne, and Horne & Associates did not handle these matters. They are referenced for educational purposes. Learn what happens when the legal description is incorrect.

The Chain Is Broken

A deed is missing from the chain of title. The current owner cannot show how they received title. The public record has a gap. Is the owner stuck? Not necessarily. Unrecorded deeds can sometimes be recorded years later. Affidavits from people with knowledge can fill gaps. In some cases, court action may be needed. Learn what happens when the chain is broken. Learn about gaps in the chain.

The Prior Owner Is Gone

A prior owner who needs to sign a corrective document cannot be found. They may have moved, died, or simply disappeared. What happens when you cannot get their signature? The title company evaluates whether alternative evidence or legal procedures can substitute for their participation. Learn what happens when a prior owner cannot be located.

The Lender Doesn't Exist Anymore

The lender that financed the property twenty years ago went out of business. The loan was paid off, but the release was never recorded. The lender no longer exists. How do you get a release from a defunct entity? The answer may involve working through state receivership procedures, successor liability, or legal remedies. Learn what happens when a mortgage was paid but never released.

The Records Don't Match

The county records show one owner. The tax records show another. The survey shows different boundaries than the deed. Which record controls? Title professionals reconcile conflicts by examining the legal chain of title, survey records, and other evidence. Learn what happens when public records conflict.

The Curative Process

1. Identify the problem: What exactly is wrong with the title?
2. Investigate the facts: Where did it originate? Who was involved? What documents exist?
3. Document what you know: Gather every document related to the property and the problem.
4. Locate the people who can help: Prior owners, lenders, heirs, trustees, witnesses.
5. Determine what is required: Does the problem need a release, a corrective deed, an affidavit, probate, or court action?
6. Cure the defect: Take the actions needed to resolve the issue.
7. Underwrite: The title insurer reviews the cure and determines whether the title is insurable.
8. Escalate when necessary: If voluntary cure is not possible, explore legal remedies through an attorney.
9. Close: Once the title is cleared, the transaction can proceed.

Cure vs. Insure Over

Not every defect must be fully cured. In some cases, the title insurer may agree to insure over the defect, accepting the risk and issuing the policy with specific exceptions or endorsements. This option depends on the nature of the defect, underwriting guidelines, and the parties' willingness to accept the limitations. Learn how title defects are cured.

Why 1st Option Title Built Around "The Hard Stuff"

1st Option Title was founded by Scott Horne, a title attorney and real estate investor with more than 30 years of relevant experience. Through Horne & Associates, he has participated in approximately 10,000 creative-finance transactions and purchased, remodeled, and sold over 2,500 single-family homes. This experience informs how 1st Option Title approaches complicated title situations. When other title companies say no, 1st Option Title wants to see the file. Learn more about Scott Horne and 1st Option Title.

Texas. Arizona. And Complicated Transactions Beyond

1st Option Title's operations serve Texas from our Garland office and Arizona (Gilbert). For properties elsewhere, contact 1st Option Title to discuss the transaction. Through relationships within the national closing industry, our team may be able to help coordinate. Do not assume a difficult property outside these states is outside the conversation, but also do not assume 1st Option Title can directly handle a transaction in a state where it does not operate licensed offices.

What 1st Option Title Will Not Promise

1st Option Title does not guarantee that every title problem can be cured, that every transaction can close, or that title insurance will be issued. Title problems are fact-specific. What we can promise is a thorough review, honest assessment, and experienced guidance. If we cannot help, we will tell you. But we want to see the file first.

The Question Is Not "Is This File Weird?"

At 1st Option Title, unusual title situations are not unusual. Complicated chains, missing documents, old liens, creative finance, and difficult curative work are what we encounter every day. The question is not whether the file is complicated. The question is whether the title can be cured and the transaction can close. Start with the documents you have and let 1st Option Title take a look.

FAQs

What should I bring to 1st Option Title for review?

Any documents you have. The purchase contract, any prior title commitments or policies, deeds you are aware of, loan documents, correspondence with prior title companies, and any information about what the problem is. Do not worry if you do not have everything. Start with what you have.

Does 1st Option Title charge to review a difficult title file?

Contact 1st Option Title to discuss the specific situation. The initial conversation typically involves understanding the file before any commitment or fee discussion.

What if another title company already said no?

That is exactly the situation 1st Option Title was built for. Another company said no? Let 1st Option Title review the file. A no from one company is not necessarily a no from every company. Different title insurers have different underwriting guidelines and different experience levels with complex transactions.