The last thing anyone wants in real estate is to be unable to buy or sell a home because of title problems. Defects, or “clouds,” on title at the very least can stall the real estate transaction, taking anywhere from days to months to resolve. Title companies and their agents work diligently to conduct a title search for each real estate transaction. Unmarketable titles not only prevent proper title transfers – they can be costly to resolve and ultimately result in the inability to sell a property.
Barriers to Settlement: Title Defects
A myriad of factors can prevent clear title and interfere with the closing process. Here are the most common:
- Unknown or missing heirs
- False impersonation
- Liens
- Prior owner judgments
- Clerical errors in public records
- Forgery
- Fraudulent document execution
- Inaccurate representation of marital status
- Improper probation of wills
- Boundary, survey or easement inaccuracies
- Unreleased deed of trust
How Are Clouds on Title Resolved?
Resolving defects on title varies, depending on the issue preventing clear title and the circumstances surrounding it. The best way to protect against title problems is to work with a highly experienced title agent, ensure a thorough title search is conducted and purchase Owner’s Title Insurance. In some cases, the courts may need to get involved to “clear” title and render it marketable. In others, liens or judgments must be satisfied, or necessary paperwork completed to remove title defects before closing.
A Word About Title Insurance
Title insurance protects the lender and owner against title defects identified after the transaction closes. Most lender’s require a Lender’s Policy, and buyers are strongly encouraged to purchase an Owner’s policy to insure against significant financial loss. In some cases, the cost of an Owner’s policy may be included in seller concessions. Even if title appears to be “clear,” purchasing title insurance is highly recommended. Visit our title insurance page for additional information.
At Linear Title & Escrow, we are unwavering in our commitment to conduct a thorough title search for each real estate transaction. For help with your title concerns and questions, contact our friendly team today!
Buying your first home is likely one of the most exciting and rewarding events you’ll experience in your life. As such, it’s important to be prepared and gain a sound understanding of the real estate transaction process, as this helps make for a more streamlined, smooth closing experience. One of the key components of the settlement process is the Closing Disclosure (CD) Form. Read on for more regarding the importance of this document to closing on your new home.



Closing costs are a necessary part of a real estate transaction. But these fees differ depending on which side of the table you sit. Buyers have a greater number of closing costs compared to the seller, however some of these fees are often negotiated in the real estate deal. (For instance, a seller may agree to contribute a certain amount towards the buyer’s closing costs.) Read on for a breakdown on the fees appearing on the buyer’s side of the Closing Disclosure (CD) form.

