Comprehensive Guide to Title Review and Curative Work for Real Estate Transactions
When you are buying or selling property in Maryville, a thorough title review can identify issues that might delay closing or affect ownership rights. Our firm assists clients by reviewing title commitments, chain of title records, public filings, and recorded documents to find potential clouds on title. We outline options to address encumbrances and recommend reasonable steps to clear defects so the property can be transferred with confidence. Understanding title conditions early reduces surprise delays and helps protect your financial and legal interests in any real estate transaction in Blount County and surrounding areas.
Curative work refers to the actions taken to resolve title defects discovered during review, such as missing releases, judgments, unknown heirs, or inconsistent records. We coordinate with lenders, title companies, and recorders to assemble necessary documents, draft affidavits, obtain releases, and prepare corrective instruments for recording. Our approach focuses on practical, cost-aware solutions that aim to settle outstanding matters efficiently. By addressing title defects proactively, we help clients move forward with closings, refinance efforts, or transfers with fewer obstacles and a clearer path to finalizing their real estate objectives in Tennessee.
Why Thorough Title Review and Curative Work Matters for Your Property
A careful title review and subsequent curative work protect a buyer’s ownership interests and a seller’s ability to convey clear title. Identifying Liens, easements, or discrepancies in the chain of title before closing prevents later litigation and financial exposure. Completing curative steps can ensure lenders will fund transactions and title insurance can be issued without exceptions that reduce coverage. The benefit of addressing issues early also includes predictable timelines for closing and less stress for all parties involved. Clear title reduces the risk of future disputes and provides peace of mind for property owners, lenders, and purchasers.
About Jay Johnson Law Firm and Our Approach to Title Matters
Jay Johnson Law Firm serves Tennessee clients with a focus on practical legal services for real estate matters, including title review and curative work. We take a client-centered approach, prioritizing clear communication, document accuracy, and timely coordination with title companies and local recording offices. Our team guides clients through the procedural steps needed to clear title issues and prepares necessary legal documents for recording. We emphasize sensible solutions that reflect local practices in Blount County and Maryville to help clients complete transactions with confidence and a full understanding of any outstanding title-related concerns.
Understanding Title Review and Curative Work for Real Property
Title review is an in-depth examination of public records and documents that affect ownership rights of real property. This process looks for recorded mortgages, liens, judgments, easements, restrictions, and any transfers that might affect a buyer’s intended use or a seller’s ability to transfer the property. The review compares recorded instruments to the property description and identifies inconsistencies. Recognizing potential issues early allows parties to evaluate risk, negotiate remedies, and plan curative steps so the transaction can proceed without unresolved legal encumbrances or unforeseen claims after closing.
Curative work consists of the legal tasks used to resolve defects found during the title review. This may include preparing and recording releases or satisfactions, drafting affidavits to explain or correct gaps in the chain of title, locating and confirming the interests of potential heirs, and prosecuting or settling actions needed for a clear title. Curative work aims to eliminate clouds on the title so a title insurer can issue coverage and lenders can close. These actions are often coordinated with title companies and local officials to ensure records reflect the corrected legal status of the property.
Defining Title Defects and Curative Measures
A title defect is any recorded issue or omission that might impair ownership, such as liens, incorrect notary acknowledgments, missing releases, or ambiguous conveyances. Curative measures are the legal steps taken to resolve these defects, including drafting corrective deeds, obtaining releases from lienholders, filing affidavits to explain chain of title gaps, and pursuing court actions when necessary. The goal of curative work is to create a clear, marketable title that can be insured and transferred. Addressing defects appropriately protects buyers, sellers, and lenders from future claims that could affect property rights or value.
Key Elements and Typical Processes in Title Review and Curative Work
A thorough title review includes examining the preliminary title report, public records, recorded instruments affecting the parcel, legal descriptions, and prior conveyances. Typical curative processes include obtaining lien satisfactions, preparing quitclaim deeds or corrective deeds, securing affidavits from parties with knowledge, and working with heirs or trustees to clear ownership questions. Communication with title insurers and lenders is essential to confirm requirements for issuing a policy. Accurate recordation of corrective documents at the county register of deeds finalizes the curative process and ensures public records accurately reflect ownership status.
Key Terms and Glossary for Title Issues and Curative Work
Understanding the terminology used in title reports and curative work helps clients make informed decisions. Common terms include chain of title, lien, easement, encumbrance, quiet title, and title insurance. Knowing these terms clarifies what reviewers look for when assessing property history and what actions might be required to resolve defects. This section provides plain-language definitions and typical implications for property owners and prospective buyers so you can better interpret title commitments and the recommended curative steps presented for your transaction in Maryville and across Tennessee.
Chain of Title
Chain of title refers to the chronological record of transfers and documents that show ownership history of a parcel. A clear chain shows unbroken conveyances from prior owners to the current owner. Gaps, missing documents, or conflicting records in the chain of title may raise questions about who legitimately holds title or whether older claims remain. Identifying and resolving these concerns through curative documents or affidavits is often necessary to restore confidence in ownership and allow a transaction to proceed with proper title assurance for buyers and lenders.
Title Insurance Commitment
A title insurance commitment is a preliminary document issued by a title company setting out the conditions under which a title insurance policy will be issued. It lists exceptions, requirements to be met before issuance, and any matters identified during the title search. Curative work often aims to satisfy the commitments’ requirements, such as removing liens or clarifying ownership interests. Once the listed conditions are resolved, the final title insurance policy can be issued to protect the insured against covered title defects arising after closing.
Lien and Satisfaction
A lien is an interest a creditor holds against property to secure payment of an obligation, such as a mortgage, judgment, or tax lien. Satisfaction of a lien occurs when the underlying debt is paid and a recorded release or satisfaction instrument is filed. Curative work frequently includes obtaining and recording satisfactions to remove liens from the title. Without recorded satisfactions, lenders or buyers may face unexpected claims. Ensuring that satisfactions are properly documented and indexed in county records is an essential curative step for securing clear title.
Quiet Title and Corrective Instruments
A quiet title action is a court proceeding used to establish ownership and resolve disputes or defects that cannot be otherwise corrected through administrative recordation. Corrective instruments include corrective deeds, affidavits, and releases prepared to fix clerical errors, adjust legal descriptions, or address improper conveyances. When administrative curative steps are insufficient, initiating a quiet title action can provide a final legal resolution. These remedies help confirm marketable title and eliminate potential claims against property ownership moving forward.
Comparing Limited Title Assistance Versus Full Curative Services
Clients may choose limited assistance, such as a focused review of a title commitment or preparation of a single corrective instrument, or a comprehensive curative service that addresses multiple defects and coordinates with all parties involved. Limited options can be suitable for clear-cut issues that require only simple documentation or short communications. Comprehensive services are geared toward transactions with multiple or complex defects, contested matters, or requirements from lenders and insurers that demand coordinated effort. Selecting the right level of service depends on the findings in the title review and the desired speed and certainty for closing.
When a Limited Title Review and Simple Curative Steps May Be Sufficient:
Minor Clerical Errors or Single Recorded Release Needed
A limited approach can be appropriate when title issues are straightforward, such as typographical errors in a deed, a single recorded release awaiting indexing, or when a single lien has been satisfied and only requires recording confirmation. In these cases, preparing and filing a corrective document or obtaining a certified release from a creditor can resolve the issue quickly. This path often requires less attorney involvement and lower cost while still producing the documentation necessary for the title insurer to meet its policy requirements for closing.
Clear Chain of Title with One Isolated Defect
If the chain of title is otherwise clear and the only problem is an isolated matter—such as a missed signature or an outdated beneficiary designation—a limited review and targeted corrective action can be effective. The title reviewer prepares the necessary instrument, secures signatures or acknowledgments, and records the corrected document. Because the issue is limited in scope, this service typically allows a prompt resolution so the transaction can proceed without extensive legal proceedings or prolonged searches for missing parties.
When Comprehensive Curative Work Is the Better Choice:
Multiple or Complex Title Defects Exist
Comprehensive curative work is necessary when several defects appear across the chain of title, such as multiple liens, judgments, missing releases, or inconsistent conveyances that create uncertainty about ownership. Coordinating releases, securing affidavits, and ensuring all instruments are properly recorded frequently involves multiple parties and communications with title insurers and lenders. A comprehensive approach addresses interconnected problems systematically to reduce the risk of future claims and to meet all conditions necessary for title insurance issuance and loan funding.
Heirship, Boundary Disputes, or Court Actions Required
When title issues involve missing heirs, disputed ownership, unclear boundaries, or matters requiring judicial resolution, comprehensive legal services are appropriate. These matters may need heir searches, negotiated settlements, or quiet title actions to provide a definitive determination of ownership. The process involves factual investigation, drafting pleadings, and litigation steps when necessary. Choosing a comprehensive route helps achieve a final, recorded resolution so that a buyer or lender can rely on the title through an insurable, marketable transfer of property rights.
Benefits of a Comprehensive Title Review and Curative Process
A comprehensive approach reduces the likelihood of future ownership disputes by addressing multiple issues at once and ensuring public records accurately reflect ownership and encumbrance status. It builds investor and lender confidence, often enabling smoother closings and preventing post-closing claims that can be costly to resolve. Comprehensive curative work also helps secure favorable terms from title insurers by removing exceptions or clarifying matters that would otherwise limit coverage. Taking time to correct records fully can prevent expensive surprises after the transaction is finalized.
Comprehensive curative services also streamline future transactions by leaving a clearly documented chain of title and recorded corrections for successors. For owners who plan to refinance, sell, or pass property to heirs, having clean records reduces administrative friction and enables quicker closings. This thoroughness can protect the property’s marketability and value over time. While a comprehensive approach may require more initial effort, the long-term reduction in legal risk and increased transferability often outweigh the upfront investment in resolving title matters carefully and completely.
Greater Certainty for Buyers and Lenders
When title defects are fully resolved, buyers and lenders have greater certainty that ownership is transferable and that the title insurer will issue a policy with fewer exceptions. This reduces the chances of post-closing claims that can threaten ownership rights or increase costs. A clear public record also simplifies future financing or resale. For parties involved in real estate transactions, the peace of mind that comes with a thoroughly reviewed and corrected title encourages smoother interaction among buyers, sellers, and lenders and helps protect the transaction’s long-term stability.
Reduced Risk of Future Disputes and Expense
Addressing defects comprehensively minimizes the risk of future disputes that could lead to litigation, lost value, or unexpected obligations. Clearing liens, correcting deeds, and ensuring accurate recording decrease the likelihood of parties asserting competing claims. This proactive stance preserves property value and reduces the potential for costly legal proceedings later. By resolving issues while records are still current and parties are accessible, property owners and buyers avoid the complications that arise when defects go unaddressed and escalate into harder-to-resolve problems in the future.
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Pro Tips for Smooth Title Review and Curative Work
Start Title Review Early
Begin the title review process as soon as possible in your transaction timeline so potential defects are identified early. Early review allows time for obtaining necessary releases, locating missing signatures, and performing heir searches if required. Starting early reduces the chance that last-minute defects will delay closing or force rushed, costly solutions. Timely identification also provides leverage in negotiations with sellers or lenders and allows for thoughtful planning of curative steps that align with the client’s goals and the lender’s requirements.
Keep Clear Records and Communications
Collaborate with Title Companies and Lenders
Coordinate closely with the title company and lender to confirm what conditions must be satisfied for closing and for issuing the final title policy. Understanding their requirements early helps prioritize curative actions that have the greatest impact on closing readiness. Title companies can advise on common local recording practices and indexing requirements, while lenders indicate conditions for funding. By collaborating, you can avoid unnecessary steps and address the most important issues first, streamlining the curative process and supporting a smoother transaction.
Reasons to Consider Professional Title Review and Curative Assistance
Professional title review and curative assistance help prevent costly surprises that can arise after a real estate transaction closes. Property transfers involve complex public records and potential claims that are not always obvious. A qualified legal review identifies risks and proposes documented steps to resolve them. When title defects remain unaddressed, buyers and lenders face the prospect of litigation, liens resurfacing, or contested ownership. Using professional services increases the likelihood that transactions close on schedule and that ownership is secure following conveyance.
Beyond immediate transaction needs, investing in curative work preserves the property’s marketability and long-term value. Thorough curative actions leave a clear public record for future buyers, heirs, and lenders, reducing administrative burdens in later sales or refinancing. Professional assistance also provides a coordinated approach to resolving defects that involve multiple parties, ensuring proper instruments are filed and indexed. For sellers and buyers in Maryville, a proactive stance on title matters can be a practical measure to protect financial interests and ensure a reliable path to transfer.
Common Situations That Require Title Review and Curative Work
Typical circumstances necessitating title review and curative work include transactions involving older properties with lengthy ownership histories, estates where heirship must be confirmed, properties with prior foreclosures or unpaid taxes, and transactions with recorded easements or restrictive covenants. Other common triggers are closings delayed by title exceptions on a lender’s commitment or anomalies discovered during a title search. In each case, curative steps are tailored to the specific factual background to ensure the title is marketable and acceptable to insurers and lenders.
Properties with Long Ownership Histories
Properties that have changed hands many times or that were transferred through informal arrangements may have gaps or inconsistencies in recorded deeds. Older conveyances sometimes lack clarity in legal descriptions or miss required acknowledgments. Resolving these issues can require assembling historical documents, preparing affidavits to explain gaps, and recording corrective instruments to ensure the chain of title is complete. Addressing such matters is important to establish a reliable ownership history and to secure the ability to transfer or finance the property.
Estate Transfers and Heirship Questions
When property is transferred through probate or outside of probate due to family arrangements, questions about heirs, wills, or prior conveyances can affect title clarity. Locating heirs, obtaining required consents, and preparing appropriate deeds or releases are often part of the curative process. These issues can be time sensitive if a sale or refinance is pending. Proper documentation and recordation are essential for confirming the seller’s authority to convey and for preventing future disputes among successors or claimants.
Recorded Liens, Judgments, and Tax Matters
Recorded liens, unpaid taxes, and judgments create encumbrances that may need to be satisfied or released before a transaction can close. Sometimes satisfactions are missing or improperly recorded, requiring follow-up with creditors, recording offices, or lienholders to obtain and file the correct releases. Handling these matters involves confirming payment, preparing satisfaction documents, and ensuring proper indexing in the county records. Clearing these encumbrances is key to obtaining a lender’s approval and title insurance for the transaction.
Maryville Title Review and Curative Services by Jay Johnson Law Firm
Jay Johnson Law Firm provides title review and curative services to clients in Maryville and throughout Blount County. We work with buyers, sellers, title companies, and lenders to identify title defects and pursue practical steps to resolve them. Our process emphasizes clear communication, timely filings with local recording offices, and coordination with relevant parties to minimize delays. Whether the issue involves a single clerical correction or a more complex curative plan, we strive to provide reliable legal support to move transactions forward with properly documented ownership.
Why Choose Our Firm for Title Review and Curative Work
Clients choose Jay Johnson Law Firm for a pragmatic approach that focuses on resolving title matters efficiently and in line with local practice in Tennessee. We prioritize responsive communication, careful document preparation, and thorough follow-up with recording offices and counterparties. Our team aims to explain options, likely timelines, and potential costs so clients can make informed decisions about curative steps. This clarity helps reduce surprises and supports timely closings for transactions in Maryville and the surrounding region.
We coordinate with title companies, lenders, and county officials to ensure that corrective documents are properly executed and recorded. This collaborative approach helps satisfy title commitments and lender conditions so that closings can proceed without last-minute complications. Our firm prepares necessary deeds, affidavits, and release documents and tracks their recording to completion. For clients who need assistance navigating the title process, we offer practical guidance that aligns with the procedural requirements of local recording authorities.
Our goal is to provide representation that balances cost and effectiveness, tailoring curative plans to the scope of the title issues discovered. We recommend the most direct path to clear title—whether that involves targeted recordings or pursuing a court resolution—so clients can move forward with confidence. For property owners and prospective buyers in Maryville, our services aim to protect transaction timelines and facilitate reliable transfers of ownership with an eye toward accurate public records and lender requirements.
Contact Us to Discuss Your Title Review and Curative Needs
How Title Review and Curative Work Progresses at Our Firm
Our process begins with a review of the title commitment and public records to identify defects requiring attention. We then outline recommended curative steps, estimate timelines, and provide an approach that coordinates with title companies and lenders. After client approval, we prepare necessary documents, communicate with creditors or heirs, and ensure filings are completed at the county register of deeds. We follow through to confirm recordings and work with the title company to obtain final policy issuance or remove exceptions so the transaction can close as planned.
Step One: Title Examination and Issue Identification
The first step involves a detailed examination of the title commitment and related public records to identify liens, defective instruments, easements, or other encumbrances. This review assesses the chain of title, checks legal descriptions, and notes any items listed as exceptions by the title company. Documenting each issue clearly helps prioritize curative actions and informs whether limited or comprehensive services are needed. The review culminates in a recommended plan of action to resolve defects efficiently and meet lender or title insurer requirements.
Gathering and Reviewing Public Records
We collect and examine recorded deeds, mortgages, releases, judgments, and liens related to the property. This includes checking the county register’s indices and examining older records that may affect current ownership. Identifying any gaps or inconsistencies early enables us to trace the ownership history and discover potential claims. Accurate record gathering supports crafting appropriate curative documents and helps determine if further investigation or outreach to third parties is necessary to resolve title defects.
Identifying Curative Requirements and Priorities
After reviewing records, we list required curative actions and prioritize them based on urgency and impact on the closing process. This may include securing recorded releases, drafting corrective deeds, preparing affidavits, or initiating searches for missing parties. We communicate these priorities to clients and coordinate with the title company to align efforts with what is necessary for final policy issuance. Clear prioritization helps focus resources on the most significant issues first to avoid unnecessary delays.
Step Two: Preparing Documents and Communicating with Parties
Once the curative plan is set, we prepare the required instruments and contact relevant parties such as lienholders, heirs, or prior owners to obtain signatures, releases, or affidavits. Timely communication is essential to secure cooperation and documentation. We also coordinate with title companies and lenders to confirm the format and content required for recordings and policy conditions. This step often involves multiple follow-ups to ensure all necessary paperwork is complete and acceptable for recording and issuance of title insurance.
Drafting and Finalizing Curative Documents
We draft corrective instruments, including quitclaim deeds, corrective deeds, releases, and affidavits tailored to address each identified defect. Drafting focuses on precise language and proper legal descriptions so that recorded instruments resolve the underlying issue. Proper notarization and execution steps are arranged to meet county recording requirements. Ensuring documents are properly prepared at this stage reduces the risk of further defects and supports a successful recordation process.
Negotiating and Obtaining Required Signatures or Releases
Where a creditor, prior owner, or heir must provide documentation or consent, we handle negotiations and outreach to obtain the needed signatures or releases. This can include coordinating payoff statements, confirming lien satisfactions, and ensuring parties understand the documents they are signing. Clear explanation and careful handling of these interactions helps achieve the required cooperation and avoids delays that could affect closing timelines or title insurance issuance.
Step Three: Recording and Confirming Resolution
The final step involves recording the corrective instruments at the county register of deeds and confirming that filings were indexed correctly. We file documents in the appropriate jurisdiction, verify recording numbers, and obtain certified copies for the title company and client records. After recording, we follow up with the title insurer and lender to confirm that conditions have been satisfied and that the final title policy can be issued. This confirmation completes the curative process and supports a clear transfer of ownership.
Filing with County Recording Offices
Corrective instruments and releases are submitted to the county register of deeds with proper fees and accompanying documentation. We ensure recording complies with local requirements for format and indexing. Following filing, verifying how documents appear in the public record confirms that the curative steps are publicly noticeable and enforceable. Accurate recording is essential because the public record is the mechanism that establishes clear title for future purchasers and lenders.
Final Confirmation with Title Company and Lender
After recording, we provide updated documentation to the title company and lender to confirm that the previously listed exceptions have been cured. The title company reviews recorded instruments and, when satisfied, proceeds to issue the final title insurance policy. Lender approval can follow once conditions are met. This final confirmation closes the loop on curative work and helps ensure the transaction can complete without lingering title-related contingencies.
Frequently Asked Questions about Title Review and Curative Work
What is title review and why is it needed before closing?
Title review is the process of examining public records and title commitments to identify any liens, encumbrances, easements, or defects affecting ownership of the property. It is needed before closing to uncover issues that could prevent a clean transfer of title, affect marketability, or result in future claims. By identifying these matters early, buyers, sellers, and lenders can agree on a plan to resolve them and avoid surprises after closing.A thorough review gives all parties a clear picture of what must be addressed for a title insurer to issue a policy and for lenders to fund a transaction. This proactive step helps preserve timelines and reduces the likelihood of costly disputes that might arise if defects remain hidden until after the transaction is complete.
How long does curative work typically take to resolve title defects?
The time required for curative work varies depending on the nature and number of defects found during the title review. Simple matters like recording a missed release or filing a corrective document can take a few days to a few weeks, depending on how quickly parties respond and the local recording office’s processing times. More complex matters that involve multiple parties, payoff negotiations, or searches for missing signatures can extend the timeline considerably.When defects require locating heirs, obtaining signed releases, or coordinating payoffs, those extra steps can add weeks or months to the process. We provide an estimated timeline based on the specific issues identified and keep clients informed of progress and any foreseeable delays so expectations remain realistic throughout the curative process.
Will curative work always involve a court action?
Not all curative work requires a court action. Many defects can be resolved administratively by obtaining recorded releases, executing corrective instruments, or preparing affidavits to explain gaps in the chain of title. These methods allow issues to be fixed through proper documentation and recordation without involving litigation.Court actions become necessary when administrative remedies are insufficient—for example, when ownership is disputed, heirs cannot be located, or there is a competing claim that cannot be settled by agreement. In such cases, a judicial quiet title action may be required to establish clear ownership and resolve the dispute definitively.
What documents are commonly required to clear a title defect?
Common documents used to clear title defects include lien satisfactions or releases, corrective deeds, quitclaim deeds, affidavits of heirship, and recorded powers of attorney or other confirmations of authority. Each document addresses a specific defect, such as releasing a mortgage lien, correcting a deed description, or documenting an heir’s interest. Proper notarization and correct legal descriptions are important to ensure effective recordation.In some cases, payoff statements from creditors or certified copies of court orders may also be required. We work to determine the precise documents needed and prepare them for execution so they are acceptable for recording and for title insurers or lenders reviewing the file.
Does title insurance cover all title defects?
Title insurance provides protection against certain covered title risks that existed prior to policy issuance but are discovered later, subject to policy terms and exceptions. It can protect insured parties from losses arising from covered defects, but policies often list exceptions and may not cover issues that were known and uncorrected at the time of underwriting. Some matters require curative work before a title insurer will remove exceptions or provide full coverage.Because not all defects are automatically covered, curative work aims to resolve those items that would otherwise create exceptions in the policy. Working with the title company to clear these matters helps secure broader protection under the final title insurance policy issued at closing.
Can curative work affect the closing date?
Curative work can affect the closing date when title defects are discovered late in the process or when required parties are slow to respond. If a defect must be corrected before the title company or lender will fund, closing may need to be postponed until the necessary documents are recorded and any conditions in the title commitment are satisfied. Early identification helps avoid last-minute delays or rushed solutions.To minimize impact on the closing date, we prioritize curative actions based on their effect on funding and title issuance and communicate regularly with all parties to expedite necessary signatures and filings. Our goal is to resolve issues quickly while ensuring that recordings are done correctly to protect your interests after closing.
How do you handle missing heirs or unknown parties?
When heirs or unknown parties may have an interest in a property, we conduct searches to identify potential claimants and attempt to obtain their cooperation in signing releases or conveyances. This often includes genealogical research, review of probate records, and outreach to known relatives. If parties cannot be located, alternate curative methods such as publishing notices or using statutory procedures may be available depending on the circumstances and local rules.In some situations, where administrative methods fail to secure necessary consents, initiating a judicial procedure can provide a definitive resolution. Court actions can authorize sale or clear title in favor of the current owner when heirs cannot be found, subject to appropriate notice and safeguards required by law.
Who pays for curative work and associated filing fees?
Responsibility for payment of curative work and filing fees often depends on the terms negotiated between the buyer and seller and the requirements of the lender. In many transactions, sellers pay to clear title issues that predate the sale, while buyers may assume costs for issues that arise due to the buyer’s financing requirements. Lenders and title companies may also outline which items must be resolved for funding and how costs should be allocated.Regardless of who pays, we discuss cost estimates with clients upfront and recommend cost-effective solutions where appropriate. Transparent communication about potential expenses helps parties decide whether to pursue limited corrective steps or a more comprehensive curative plan.
What is the difference between a corrective deed and a quitclaim deed?
A corrective deed is used to fix errors in a previously recorded deed, such as incorrect names or legal descriptions, and is drafted to amend the original document while preserving the intended conveyance. A quitclaim deed transfers whatever interest the grantor may have in the property without warranties, and it is often used to clear title by transferring any residual interest or correcting ownership records. Each instrument serves different purposes depending on the nature of the defect and the remedy required.Selecting the appropriate instrument depends on the specific defect and the desired outcome. We determine whether a corrective deed, quitclaim deed, release, or another document is the appropriate tool and prepare it to meet recording standards and address the identified title issue effectively.
Can buyers request curative work as a condition of purchase?
Buyers commonly request that title defects be cured as a condition of purchase, especially when lenders require clear title for funding. Including curative conditions in a purchase agreement helps ensure sellers address documented issues before closing or negotiate adjustments in price or credits to account for unresolved matters. Clear contractual terms reduce ambiguity and protect the buyer’s interest in obtaining marketable title at transfer.When a buyer requests curative work, sellers typically review the proposed steps and agree on a scope or split responsibility for costs. By discussing expectations early in the negotiation, both parties can plan for the curative process and avoid unexpected delays during the closing phase.