Common Title Defects and How They're Resolved Before Closing

A title search is designed to uncover problems before you buy. Most defects are routine and resolvable, but knowing what they are takes the surprise out of the process.

Unreleased Mortgages

A previous mortgage that was paid off but never formally released in the public record is one of the most common defects. The fix is usually a satisfaction document from the prior lender, obtained and recorded before closing.

Liens From Unpaid Debts

Contractor's liens, tax liens, and judgment liens attach to the property, not the person. If a prior owner left unpaid debts, they can cloud title. Settlement agents negotiate payoffs or escrow funds to clear them at closing.

Errors in Public Records

Misspelled names, incorrect legal descriptions, and indexing mistakes happen more often than you'd expect. Most are corrected with a simple corrective deed or affidavit.

Missing Heirs and Undisclosed Interests

When a property passes through an estate, distant heirs or undisclosed family members can later assert a claim. A thorough title search and an owner's policy protect against this risk.

Forged Documents

Rare but serious — a forged deed in the chain of title can void ownership. Title insurance exists precisely for this scenario, covering legal defense and loss.

Every one of these issues is why a professional title search matters. Most resolve quietly, before you ever know they existed.