Quick Answer
The time to cure a title defect can range from a few days (for a simple corrective document or release) to several months or longer (for quiet title actions, probate proceedings, or complex curative work). The timeline depends on the nature of the defect, the parties involved, and the legal procedures required.
One of the first questions people ask when a title defect is discovered is: how long will this take? The honest answer is that it varies widely. Understanding what drives the timeline helps you plan and manage expectations.
Potentially Faster Problems
- Missing lien release: If the lender is still in business and responsive, a release may be obtained in days.
- Corrective deed: If the parties agree on the correction, a corrective deed can be prepared, signed, and recorded relatively quickly. Learn what a corrective deed is and when it applies.
- Affidavit of heirship: In some states, an affidavit of heirship may be used to establish heirs without formal probate.
- Document re-recording: If a document was recorded with errors and the jurisdiction permits re-recording, this may be resolved quickly.
More Complicated Problems
- Probate: Formal probate proceedings can take months, especially if heirs are difficult to locate or disputes arise.
- Quiet title action: A lawsuit to determine ownership can take months or longer, depending on court dockets and the complexity of the dispute. Learn what a quiet title action involves.
- Defunct lender: If the lender no longer exists, obtaining a release may require working through state escheatment or receivership procedures.
- Missing heirs: Locating and obtaining participation from unknown or missing heirs can be time-consuming. Learn what happens when a prior owner cannot be located.
- Disputed ownership: When multiple parties claim ownership, resolution may require litigation.
What Usually Causes Delay
Most delays in curing title defects come from three sources: locating people who need to sign documents, waiting on courts and government agencies, and gathering documentation from parties that no longer exist or have changed names. Learn what happens when closing documents are missing.
The Best Way to Save Time
The best way to save time is to find title problems early. This is why ordering title work early in the transaction process matters. A Property DNA Report can help identify potential issues before you are under contract, giving you more time to address them. Note that a Property DNA Report is an informational research tool, not a title search, title commitment, or legal opinion.
FAQs
Can a title defect be cured in time for a scheduled closing?
It depends on the defect and the time available. Simple defects found early can often be resolved before the scheduled closing. Complex defects found late are more likely to cause delays.
What happens if the defect cannot be cured before closing?
The closing may be delayed until the cure is completed. In some cases, the parties may agree to close with the defect excepted from title insurance coverage, but this depends on the lender's requirements and the buyer's willingness to accept the risk.