Not every title file is clean, and a title problem does not automatically mean a transaction is dead. 1st Option Title specializes in understanding complicated title situations, identifying what can be cured, and guiding transactions through curative work when other title companies say no.
General Educational Information
The articles in this guide provide general educational information about title problems, curative work, and real estate law. Laws, regulations, and title practices vary by jurisdiction. This content does not constitute legal advice, a title opinion, or a commitment to insure. Consult qualified professionals for advice specific to your transaction.
This comprehensive series covers 30 articles organized into seven categories, from understanding what a title defect is through the most complex curative situations. Each article is designed to be read on its own, so start wherever you need the most help.
If you have a difficult title file that another company could not close, start with the final article: Think Your Title Problem Can't Be Solved? Here's What Happens Next.
A complete guide to title insurance, coverage, and the title process.
Schedule A, Schedule B, requirements, exceptions, and how to read your commitment.
The complete escrow and closing process from contract to recording.
A complete guide to liens, judgments, encumbrances, priority, and releases.
Have a title problem or a file another company could not close? Send it to 1st Option Title for review. We built our practice around the transactions other title companies turn away.
What title defects are, common examples, and what happens when they are found.
A title defect is a problem, error, claim, lien, gap, or other issue affecting ownership or the ability to transfer or insure title as contemplated.
Read ArticleThe most common title problems found before closing include old mortgages never released, tax liens, deceased owners, incorrect legal descriptions, and broken chains of title.
Read ArticleA property with a title defect may still be sellable, but the defect typically must be cured, addressed, or accepted before closing.
Read ArticleTitle defects are cured by whatever legal, documentary, financial, or underwriting action resolves the specific problem.
Read ArticleThe time to cure a title defect ranges from a few days to several months or longer, depending on the nature and complexity of the problem.
Read ArticleA cloud on title is a claim, document, lien, or discrepancy that creates uncertainty about ownership of real property. Removal may require a release, corrective document, affidavit, probate, payoff, court order, or quiet title action.
Read ArticleWhen court action may be needed to resolve title disputes and establish clear ownership.
A quiet title action is a lawsuit asking a court to determine ownership and resolve competing interests or clouds on title. The procedure depends on state law.
Read ArticleA quiet title action is necessary when competing claims or defects cannot be resolved through voluntary documents or ordinary curative work.
Read ArticleA broken chain of title means the public record does not clearly show an unbroken sequence of transfers. The missing link may need reconstruction or correction.
Read ArticleA gap in the chain of title is a missing, unclear, or defective step in the recorded history showing how ownership passed from one party to another.
Read ArticleErrors in deeds, legal descriptions, and names, and how they can be corrected.
A deed recorded with errors may require a correction through a corrective deed, re-recording where permitted, affidavit, additional signatures, or court action.
Read ArticleAn unrecorded deed may create serious priority and title questions. Its validity and legal effect depend on state recording laws and the specific facts.
Read ArticleFixing a misspelled name on a deed depends on the type of error, jurisdiction, and identity certainty. Options include corrective deeds, affidavits, or re-recording.
Read ArticleListing the wrong person on a deed may require a new or corrective deed, additional signatures, or legal action depending on actual ownership, intent, and later interests.
Read ArticleAn incorrect legal description can identify the wrong land, omit part of the property, or create uncertainty. It may require a corrective deed, reformation, survey documentation, or court action.
Read ArticleA corrective deed is used in appropriate circumstances to fix an error in a prior deed, such as a name or legal description mistake. It is not a cure for every ownership problem.
Read ArticleA scrivener's error is a clerical or drafting mistake that does not reflect the actual intent of the parties, such as a typo or wrong number. Correction depends on the nature of the error and applicable law.
Read ArticleWhen owners, heirs, or prior parties cannot be located or the owner has died.
When a prior owner cannot be located, the title team evaluates whether other evidence or legal procedures can resolve the title without their participation.
Read ArticleAn unknown or unaddressed heir can delay or stop a closing if they may hold an unresolved ownership interest in the property.
Read ArticleWhen an owner dies before selling, someone must have legal authority to transfer the deceased owner's interest. This may involve survivorship, trust, probate, estate administration, or state procedure.
Read ArticleOld liens, unreleased mortgages, missing documents, and unreleased deeds of trust.
Closing with missing title documents depends on what is missing and whether acceptable substitute evidence exists to satisfy title requirements.
Read ArticleWhen an old lien was never released, the title company must determine whether it remains valid and what evidence is required to clear it or insure around it.
Read ArticleWhen a mortgage was paid but never released, evidence of payoff and an appropriate release are typically needed before the next transaction can close and be insured.
Read ArticleAn unreleased deed of trust is a recorded security instrument still appearing against a property even though the underlying loan may have been satisfied.
Read ArticlePrevious title company errors, post-closing discoveries, ownership challenges, and conflicting public records.
When a previous title company made an error, the next steps depend on the mistake, recorded documents, prior policy, and whether it caused a current problem.
Read ArticleYes, title problems can be discovered years after closing. Unreleased liens, defective deeds, incorrect descriptions, unknown heirs, and prior recording errors can surface in a later sale, refinance, foreclosure, estate transfer, boundary dispute, or ownership challenge.
Read ArticleWhen someone challenges ownership, the owner should notify their title insurer promptly. The insurer may investigate, provide defense, take curative action, settle, or respond per the policy terms.
Read ArticleWhen public records conflict, title professionals investigate the source and legal significance of each record, comparing deeds, descriptions, surveys, tax records, and recorded instruments.
Read ArticleA real estate attorney should become involved when a title problem requires legal advice, interpretation of competing rights, probate or estate guidance, or litigation.
Read ArticleWhen other title companies say no, 1st Option Title wants to see the file.
Let's figure out what happens next. 1st Option Title was built for the transactions other companies turn away.
Old lien? Missing deed? Heir dispute? Broken chain? Start with the documents you have and let 1st Option Title take a look.
Start Your ReviewComplicated does not automatically mean impossible. Let 1st Option Title review the file and see what options exist.
Contact Our TeamEach article in this series is designed to be read independently. Start wherever you need. If you have a specific title problem, use the section headings above to find the relevant topic. For the most complex situations, start with Blog 100 and work backward.