A Practical Guide to Title Review and Curative Work for Piperton Property Transactions
Title review and curative work are essential steps in most real estate transactions, and they are particularly important for buyers, sellers, and lenders in Piperton and throughout Tennessee. At Jay Johnson Law Firm we focus on identifying defects, liens, recording irregularities, and other issues that can affect marketable title. A thorough review helps prevent surprises that may arise after closing, including disputes over ownership, old encumbrances, or clerical errors. This initial review creates a roadmap for resolving defects so the property can be transferred cleanly and with confidence, preserving the value of your investment and reducing long-term risk.
Whether you are completing a purchase, clearing title before refinancing, or addressing unexpected issues discovered in public records, curative work brings together document research, negotiations, and filings to resolve existing or potential claims. In many transactions, early identification of issues allows for more cost-effective solutions and smoother closings. Our approach emphasizes careful review of deeds, mortgages, judgments, and easements, and then prioritizing practical steps to clear or mitigate defects. If you are involved in a sale or refinance in Piperton, starting the title review and curative process early helps keep timelines on track and reduces stress.
Why Title Review and Curative Work Matters for Property Buyers and Sellers
A comprehensive title review and appropriate curative actions protect property owners by addressing issues that can cloud title or create future disputes. Identifying matters such as unreleased liens, incorrect conveyances, missing probate records, or unresolved judgments allows parties to take corrective steps before closing. Resolving these defects enhances the marketability of the property and helps ensure the buyer receives the ownership they expect. For sellers, clearing title in advance avoids last-minute delays. For lenders, resolving defects reduces underwriting risk. Overall, title review and curative work helps preserve transaction value and minimize post-closing complications that might otherwise lead to costly legal disputes.
About Jay Johnson Law Firm and Our Title Review Approach
Jay Johnson Law Firm serves property owners, buyers, and lenders in Piperton and the surrounding Tennessee communities, offering focused legal services for title review and curative matters. Our team reviews public records, coordinates searches, and prepares the documentation needed to correct clouded title. We draw on extensive practical knowledge of local recording practices and regional land records to identify likely problem areas quickly. Clients receive clear explanations of findings, realistic timelines for curative actions, and actionable plans that prioritize the most effective and cost-efficient routes to resolve title defects and move transactions forward without unnecessary delay.
Understanding Title Review and Curative Work: What It Covers
Title review begins with a systematic examination of recorded deeds, mortgages, liens, judgments, easements, and other public documents that affect ownership rights to a property. The process seeks to confirm that the current seller or grantor has the legal authority to transfer the property and that there are no outstanding claims that could impair ownership. Curative work refers to the remedies used to eliminate or mitigate those issues, which can include obtaining release documents, preparing corrective deeds, resolving probate matters, or negotiating with lienholders. Together, these steps help create the clear title that buyers and lenders expect at closing.
Effective title review also evaluates the historical chain of ownership, checking for gaps or inconsistencies that could raise questions about conveyance. It is not limited to obvious encumbrances; subtle recording errors, missing signatures, or improperly prepared documents can also cloud title. Curative work may involve administrative filings, interactions with county recording offices, coordination with other attorneys, and, when needed, court petitions to clear title. The overall goal is to achieve a marketable title that reduces the risk of future litigation or claims that would interfere with property rights or the ability to sell or mortgage the property.
Defining Title Review and the Role of Curative Work
At its core, title review is a fact-gathering and analysis process that determines what recorded matters affect a parcel of real property. Curative work follows the review and consists of the steps taken to resolve the issues identified. That can include drafting and recording corrective deeds, obtaining releases from lienholders, preparing affidavits to explain chain of title issues, or pursuing quiet title actions when ownership is disputed. The combination of review and curative measures aims to eliminate clouds on title so that ownership is clear, and the property can be used, sold, or financed without unexpected encumbrances interfering with transactions.
Key Elements and Typical Curative Processes
Common elements of title review include searching public records, confirming vesting and legal descriptions, verifying mortgage satisfaction, and checking for judgments, tax liens, and easements. After identifying defects, curative processes may involve contacting parties to obtain releases, preparing corrective instruments, resolving missing probate filings, or coordinating payoffs at closing. In more complex cases, filings with the court such as quiet title or corrective plea actions may be necessary. Each matter is treated individually, with attention to priority of liens, local recording practices, and the most efficient method to restore clear marketable title for the client.
Key Terms and Glossary for Title Review and Curative Work
Understanding common terms helps clients follow the review and curative process. This section defines frequent phrases encountered during title work, including searches, chain of title, liens, encumbrances, releases, and curative instruments. Knowing what each term means clarifies why certain steps are needed and what documents may be required to complete a transaction. A clear glossary empowers buyers and sellers to make informed decisions, communicate effectively during the transaction, and understand the potential costs and timelines associated with clearing title issues before closing.
Title Search
A title search is the systematic review of public records to locate documents that affect a property’s ownership and any encumbrances on it. This process typically includes examining recorded deeds, mortgages, liens, judgments, easements, covenants, and other instruments that have been filed in the county where the property is located. The goal of a title search is to determine whether there are legal impediments to transferring ownership, to identify the current vested owner, and to discover any encumbrances that must be addressed. The results inform whether curative action is necessary before a transaction can close smoothly.
Curative Documents and Actions
Curative documents are the instruments prepared and recorded to correct defects discovered during title review, and curative actions are the steps taken to obtain those instruments or judicial relief. Examples include corrective deeds, satisfaction or release documents for liens, affidavits explaining discrepancies, and documented resolutions of probate or succession issues. Curative actions may involve negotiation with lienholders or successors, filing documents with county recorders, and in some cases initiating court proceedings to clear title. The objective is to remove clouds and restore the owner’s unencumbered interest in the property.
Chain of Title
The chain of title is the chronological sequence of recorded documents that show how ownership of a property passed from one party to another over time. It helps identify any breaks, gaps, or questionable transfers that could cause disputes over who holds valid title. A clear chain demonstrates continuous conveyance without missing links; when gaps appear, curative steps may be required to fill in missing instruments or to reconcile inconsistencies. Establishing an accurate chain of title is fundamental to confirming that the seller has a legitimate interest to transfer and that buyers receive the rights they expect.
Lien or Encumbrance
A lien or encumbrance is a recorded claim or restriction that affects the owner’s ability to use or transfer property freely. Common examples include mortgages, tax liens, mechanic’s liens, judgments, and recorded easements. Some encumbrances, like utility easements, remain in place after closing and affect future use; others, such as paid mortgages or released liens, should be cleared from the record. Identifying and removing or addressing encumbrances is a primary goal of curative work so the title is marketable and the buyer receives the ownership interest expected without hidden obligations.
Comparing Limited Title Review and a Full Curative Approach
Parties often must choose between a limited title review, which targets specific recorded issues, and a comprehensive approach that addresses deeper or historical problems. A limited review can be appropriate for straightforward transactions with recent, clear records, while a comprehensive approach is better for properties with complex histories or suspected defects. The limited path may save time and cost when risks are low, but it can leave unresolved issues that resurface later. A full curative strategy invests time early to avoid surprises later, particularly when the property has older recordings, multiple past owners, or potential probate concerns.
When a Limited Title Review May Be Appropriate:
Clear Recent Title History
A limited review can be appropriate when the property has a short, recent chain of title with no recorded liens, judgments, or encumbrances, and when prior conveyances appear regular and properly recorded. In such situations, the likelihood of hidden defects is lower, and a focused review can provide sufficient assurance for a straightforward sale or refinance. The buyer and lender should still be comfortable with the scope of the review and the potential residual risks, but where records are clean and parties are known, a limited review may balance efficiency and protection effectively.
Simple Transaction with Known Parties
When the transaction involves familiar parties, such as family transfers, or when the seller provides recent clear title evidence and supporting documentation, a limited review may suffice. This is also the case if there are no indications of probate, missing signatures, or complex easements. The limited path focuses on confirming current vesting, recent releases of encumbrances, and ensuring no new filings exist that would affect the transfer. Even then, clients should understand the constrained scope and potential need for additional work if unexpected issues appear during closing.
When to Pursue a Comprehensive Title Review and Curative Strategy:
Complex Title Histories or Multiple Transfers
Properties with lengthy ownership histories, multiple transfers, or undocumented conveyances often require a comprehensive review to identify recording irregularities, missing instruments, or gaps that could invalidate a chain of title. This deeper approach uncovers latent issues, such as improperly recorded deeds, survivorship questions, or missing probate records, and lays out the steps needed to address them. Clearing such matters before closing reduces the likelihood of disputes later and provides confidence to buyers and lenders that ownership can pass cleanly and remain secure over time.
Pending Claims, Liens, or Boundary Concerns
When searches reveal outstanding liens, unresolved judgments, pending litigation, or potential boundary or easement disputes, a comprehensive plan is usually necessary to resolve those matters prior to closing. Such work may involve negotiating lien releases, coordinating payoffs, initiating corrective recordings, or, in some cases, filing court actions to quiet title or validate conveyances. Addressing these items proactively can prevent transactional delays, reduce last-minute costs, and minimize the risk of expensive post-closing litigation that might otherwise undermine the value of the property.
Benefits of a Comprehensive Title Review and Curative Strategy
A comprehensive approach to title review and curative work reduces risk by addressing issues before they affect closing or future ownership rights. Clearing defects in advance helps ensure that the buyer obtains the ownership interest they expect and that lenders receive reliable collateral. This approach can also streamline future sales or financing by removing impediments that would otherwise reappear. The thorough process often uncovers seemingly minor recording problems early on, allowing for corrective filings rather than emergency measures at or after closing, which can be more time-consuming and costly.
In addition to protecting current transactions, comprehensive curative work preserves long-term property value by eliminating clouds that might discourage future buyers or complicate estate planning. Taking the time to document clear vesting and to resolve outstanding claims demonstrates careful stewardship of the title record. While the initial investment in research and corrective filings may be greater than a limited review, the reduced probability of future disputes and the increased certainty in resale or lending scenarios frequently justify the up-front attention and cost.
Reduced Risk of Post-Closing Title Disputes
One of the most important benefits of a comprehensive curative strategy is the reduced chance of encountering title disputes after closing. By identifying potential claims, recording errors, or incomplete conveyances early, curative work allows parties to resolve those matters proactively through releases, corrective instruments, or proper recordation. This forward-looking approach prevents the surprise of a third-party claim or overlooked lien that could impair ownership rights, requiring litigation or expensive remedial steps later. The result is greater peace of mind and a stronger, more marketable title.
Clear Marketable Title and Confidence at Closing
Comprehensive title review and curative activity increases confidence for all parties involved in a transaction by delivering a clearer record at closing. Buyers are more comfortable that their ownership is secure, sellers can complete transactions without lingering clouds, and lenders obtain reliable collateral for financing. Achieving a clean title record also reduces the need for exceptions in title insurance policies and supports smoother future transfers. For anyone involved in property transactions in Piperton, investing in thorough review and curative actions pays dividends in transaction certainty and long-term property marketability.
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Practical Tips for Efficient Title Review and Curative Work
Start Title Review Early in the Transaction
Begin title review as soon as a property is under contract or before you schedule a closing date, because early identification of defects affords more options for resolving them without delaying the sale. Starting early allows time to request payoff statements, obtain missing documents from sellers, and prepare corrective instruments or releases. It also creates room to coordinate with lenders, title companies, and county recorders to complete necessary filings. Early action often reduces stress for buyers and sellers and increases the odds of meeting closing timelines with a clear title record.
Gather Complete and Accurate Property Records
Maintain Clear Communication with Lenders and Other Parties
Keep open lines of communication among buyers, sellers, lenders, and the title review team to coordinate payoffs, releases, and required signatures. Delays often stem from misunderstandings or missed documents, so timely responses and coordinated scheduling for signings and filings help keep the process moving. If a lienholder or third party must sign a release, communicate deadlines and the nature of the signature required to avoid surprises. Proactive coordination ensures curative steps proceed smoothly and supports a successful closing timeline.
Reasons to Consider Title Review and Curative Work for Your Property
Title review and curative services are important whenever there is any uncertainty about the recorded status of a property or when prior transfers, liens, or probate events could affect the chain of ownership. Even seemingly minor issues such as a missing signature, a clerical error in a legal description, or an unreleased lien can complicate closings or reduce property value. Engaging in review and curative work helps identify and address these problems proactively, saving time and money in the long run and protecting the interests of buyers, sellers, and lenders alike.
Another reason to consider these services is to support financing or refinancing plans. Lenders expect clear title and may require curative measures before advancing funds. For estate planning and transfers, clearing title assures heirs and beneficiaries that the property can be sold or conveyed without headaches. Whether dealing with a straightforward sale or a complex legacy transfer, title review and curative action give you the clarity and documentation needed for secure ownership and future transactions, reducing the likelihood of post-closing surprises and disputes.
Common Situations That Require Title Review and Curative Action
Typical circumstances that call for title review and curative work include discovered liens or judgments, gaps in the chain of title, missing probate or trust documentation, unclear vesting following family transfers, and recording errors such as incorrect legal descriptions. Boundary disagreements, unrecorded easements, or conflicting deed language also trigger the need for careful review and corrective steps. When any of these issues are present, taking action early helps define a clear course to resolve the problem and prevents last-minute surprises at closing or later disputes among owners.
Discrepancies in Deeds or Recording
Discrepancies such as misspelled names, incorrect legal descriptions, missing notarizations, or incomplete execution of deeds can create doubt about the validity of past conveyances. When records do not align, curative documents or affidavits may be necessary to correct the public record. Identifying these discrepancies early in the title review process allows for preparation of the appropriate corrective instruments and for gathering necessary signatures before closing. Addressing these issues proactively reduces the risk of disputes or challenges to ownership after the transaction is completed.
Outstanding Liens or Judgments
When liens, tax obligations, or unsatisfied judgments appear on the record, they must be handled before a clean transfer of title can occur. This may require negotiating payoffs, obtaining release documents from lienholders, or arranging for escrowed funds at closing to satisfy outstanding claims. The title review process identifies these encumbrances and sets out steps to remove or address them so that the buyer receives clear ownership and lenders gain secure collateral. Early action ensures these items do not derail closing or cause lingering liability for the new owner.
Boundary or Easement Disputes
Disagreements about property boundaries, encroachments, or unrecorded easements can affect the use and value of land and must be resolved or documented before a clean transfer. Title review may reveal recorded easements or older surveys that contradict current expectations. Curative steps can include obtaining agreements from neighboring owners, recording clarifying documents, or initiating survey work to establish boundaries. Addressing these concerns before closing helps ensure buyers understand property limitations and reduces the risk of future conflicts that interfere with ownership rights.
Piperton Title Review and Curative Services from Jay Johnson Law Firm
If you are buying, selling, refinancing, or otherwise transferring property in Piperton, Jay Johnson Law Firm can help you navigate title review and prepare the curative steps needed to clear any defects. We prioritize communication, practical solutions, and timely filings to keep transactions on schedule. Call us at 731-206-9700 to discuss the specifics of your property and to begin the review process. Early engagement helps identify issues and create an efficient plan for resolution so your closing proceeds with confidence and fewer surprises.
Why Choose Jay Johnson Law Firm for Title Review and Curative Work
We deliver focused title review and curative services tailored to the needs of Piperton property transactions, combining careful record examination with practical strategies for resolving defects. Our approach is grounded in familiarity with local recording procedures and an emphasis on timely communication with clients, title companies, lenders, and other stakeholders. Clients receive clear guidance about the likely steps and expected timelines, enabling informed decisions about whether a limited review will suffice or if a more comprehensive plan is needed to secure clear title before closing.
When issues require negotiation or additional documentation, we assist in preparing the necessary instruments and coordinating signatures and filings with county offices. We work to minimize disruption to transaction schedules by prioritizing the most effective curative measures and by communicating promptly about any developments. Our goal is to deliver practical, transparent solutions that protect property rights and support smooth closings. For buyers and sellers in Piperton, that often means resolving matters that would otherwise delay or complicate a sale or refinance.
Clients appreciate a straightforward plan that outlines costs, timelines, and likely outcomes for curative steps, and we provide that clarity from the outset. Whether the matter calls for administrative filings, coordination with lenders and lienholders, or filing a court action when necessary, the focus is always on achieving a clear result and reducing future uncertainty. Contacting the firm early in the transaction ensures ample time to address title issues before closing, protecting your interests and supporting a successful property transfer.
Ready to Protect Your Property? Contact Jay Johnson Law Firm Today
How Jay Johnson Law Firm Handles Title Review and Curative Work
Our process begins with a thorough review of recorded documents and proceeds to a clear plan for resolving any defects discovered. We explain findings in plain language, prioritize curative actions based on urgency and cost-effectiveness, and coordinate necessary communications with lenders, sellers, and recording offices. Whether curative work requires corrective deeds, releases, or court filings, we manage the steps necessary to restore marketable title and support a successful closing. Throughout, we keep clients informed so they can make timely decisions about the transaction.
Step 1: Initial Title Review and Assessment
The initial review compiles and examines the recorded history of the property, including deeds, mortgages, judgments, liens, and easements. We confirm legal descriptions, vesting, and any recent activity that might affect transferability. The assessment identifies defects that require curative action and ranks them by priority, cost, and likely time to resolve. This stage provides a realistic picture of what will be needed to produce a clear title and helps clients decide whether a limited or comprehensive curative strategy is most appropriate for the circumstances.
Collecting Title Documents and Records
We gather deeds, mortgage records, tax records, prior title commitments, probate filings when relevant, and any other instruments that affect ownership. Accurate legal descriptions and full names used on historical documents are essential to efficient research. Gathering these materials early reduces delays and helps the review proceed smoothly, enabling faster identification of gaps or inconsistencies. The process also includes a search of county records for liens, judgments, and easements that may not be immediately obvious in preliminary reports.
Identifying Defects and Liens
As records are reviewed, any defects, unreleased liens, missing signatures, or suspicious conveyances are documented and analyzed. We determine whether defects can be corrected through administrative means such as corrective deeds or releases, or whether court filings or negotiations with creditor parties are needed. Identifying these matters early allows us to estimate likely costs and timelines and to recommend a targeted plan for clearing title so that the transaction can proceed without unexpected interruptions at closing.
Step 2: Developing and Implementing a Curative Plan
After assessment, we develop a curative plan that outlines required documents, parties to contact, and the steps to obtain releases or corrective instruments. The plan prioritizes actions that will most directly enable closing and addresses residual issues that could affect future transactions. Implementation involves drafting instruments, coordinating signings, negotiating with lienholders if necessary, and preparing filings for county recorders or courts. The strategy balances cost, time, and the client’s objectives to reach a practical resolution that clears title.
Negotiating with Third Parties and Lienholders
When curative work requires cooperation from third parties or lienholders, we open lines of communication to obtain releases, negotiate settlements, or arrange payoffs. Clear, documented negotiations help ensure that any agreed-upon actions are carried out and recorded properly. We work to secure written releases or payoff statements and coordinate escrow instructions when funds are needed to satisfy outstanding claims. Effective negotiation can often avoid court proceedings and lead to timely resolution that supports the closing schedule.
Preparing and Filing Corrective Documents
Curative work frequently involves drafting corrective deeds, affidavits, releases, or other instruments to align the public record with the true ownership and obligations affecting the property. We prepare these documents carefully, ensuring proper execution and notarization, and then record them with the appropriate county offices. Proper attention to recording details prevents new errors and helps ensure that once recorded, the documents have the intended effect of clearing the title or explaining past discrepancies for future reference.
Step 3: Final Review and Closing Support
Before closing, we perform a final review to confirm that all necessary curative documents have been executed and recorded, that payoffs and releases are in place, and that the title commitment reflects any resolved matters. We coordinate with title companies, lenders, and closing agents to make sure the transaction documents match the resolved record and that the buyer will receive the vesting promised. This final check helps prevent last-minute surprises and supports a smooth closing experience for all parties involved.
Confirming Title Vesting and Updated Records
As closings approach, we confirm the legal vesting, verify that corrective instruments have been recorded accurately, and ensure that the title commitment reflects those actions. This includes checking that liens noted for payoff have been released, that legal descriptions match closing documents, and that any recorded easements or restrictions are properly disclosed. Confirming these details protects buyers and lenders against unforeseen problems and ensures that the closing transfers ownership as intended with a clear and updated public record.
Providing Clear Closing Deliverables
We prepare and deliver the documents and instructions needed for a successful closing, including copies of recorded curative instruments, settlement statements showing payoffs, and explanations of any exceptions that remain for buyer awareness. Where needed, we arrange for the filing of final releases or the submission of documents to county offices in coordination with title companies. Clear deliverables and timely communication help ensure the closing proceeds smoothly and that post-closing obligations are minimized for the new owner.
Frequently Asked Questions About Title Review and Curative Work
What is a title review and why is it important?
A title review is a careful examination of recorded documents that affect a parcel of real property, including deeds, mortgages, liens, easements, and judgments. The review identifies any recorded matters that could impair or complicate a transfer of ownership, such as unreleased liens, gaps in the chain of title, missing probates, or clerical errors in legal descriptions. Understanding these recorded issues is important because they can impact marketability and create the potential for disputes after closing. By identifying defects early, parties can plan the appropriate curative steps to protect their interests and support a clean transfer of title.Beyond identifying recorded concerns, a title review produces a practical plan for resolution. Once potential defects are located, the next step is to determine whether those matters can be resolved through administrative filings, negotiated releases, corrective documents, or if court action may be required. A clear plan helps clients weigh costs and timelines and choose an approach that aligns with the transaction’s urgency. Ultimately, the goal is to enable a property transfer that minimizes future risk and provides confidence to buyers, sellers, and lenders alike.
How long does curative work typically take?
The time required for curative work varies widely depending on the nature and complexity of the issues discovered during title review. Simple matters such as obtaining a release from a known lienholder or recording a corrective deed can often be completed within days to a few weeks when all parties are cooperative and county recording offices are operating normally. However, matters that involve locating heirs, resolving probate issues, negotiating settlements, or preparing court petitions may take several weeks to months, particularly if additional documentation or approvals are needed from third parties.Because timelines depend on third-party cooperation and county processing times, we provide clients with a realistic estimate at the outset and update that timeline as work progresses. Starting early and being responsive to requests for documents or signatures typically shortens the process. If court involvement becomes necessary, we outline the likely steps and anticipated durations so clients can make informed decisions about the pace and cost of curative measures relative to transaction milestones.
Will curative work delay my closing?
Curative work has the potential to delay closing if defects are discovered late or if required releases and corrective documents are not obtained in time. However, with early engagement and proactive planning, many curative matters can be resolved without significant disruption. The initial title review should ideally occur before a firm closing date is set so that any necessary actions can be completed and recorded in advance. Where payoffs or releases are needed, coordinating with lenders, payoff parties, and escrow agents helps align the timing for a smooth closing.In situations where certain items cannot be fully resolved before closing, parties sometimes agree on escrow arrangements or limited exceptions that permit closing to proceed while documentation is finalized. We discuss available options with clients and lenders to minimize delays and propose practical interim solutions where appropriate, while always aiming to protect the buyer’s and lender’s interests until defects are fully addressed.
What kinds of defects can be fixed without going to court?
Many common defects can be fixed without court intervention. Examples include recording a corrective deed to fix a clerical error, obtaining releases or satisfactions from lienholders, preparing affidavits to explain chain of title discrepancies, and recording documentation that clarifies ownership following a known family transfer. Administrative filings with the county recorder and negotiated releases are often sufficient to clear the record when the parties needed to effect those changes are available and cooperative.That said, some matters cannot be resolved through simple administrative steps, such as situations with missing heirs, competing claims where ownership is disputed, or when necessary parties cannot be located. In those cases, it may be necessary to file a petition with the court to quiet title or determine ownership. We assess each situation to determine the least intrusive and most efficient path to clearing title, and we recommend court proceedings only when other methods will not achieve a reliable result.
How do unpaid liens or judgments affect a transaction?
Unpaid liens or judgments attach to the property and generally must be satisfied or released before a clean transfer of title can occur. Lenders and buyers want to ensure that any outstanding claims will not remain as obligations on the property after closing. During title review, these encumbrances are identified and prioritized according to recording date and legal effect. Clearing them may involve paying off the lien at closing, obtaining a written release from the lienholder, or arranging a settlement that results in a recorded satisfaction.The specific approach depends on the type of lien and the parties involved. Some liens, such as federal tax liens, may require coordination with governmental agencies, while mechanic’s liens might need proof of payment or negotiated release. We work to obtain documentation of satisfaction or to set up escrow and payoff instructions so that the new owner takes title free of those liens to the extent possible, protecting future ownership and financing options.
What is a corrective deed and when is one needed?
A corrective deed is a document drafted to fix errors in a previously recorded deed, such as an incorrect legal description, misspelled name, or incomplete conveyance language. When a clerical error or omission threatens the clarity of the chain of title, recording a corrective deed with the proper execution can align the public record with the parties’ intent. Corrective deeds must be prepared carefully to avoid creating new ambiguities, and they typically require the signatures of the parties who executed the original instrument or of parties with an interest in the property.Whether a corrective deed is needed depends on the nature of the error and the recommendations from the title review. In some cases, an affidavit or supplemental document may suffice. We review the situation, advise on the best corrective instrument, prepare the documents for signature, and record them in the county to ensure the title record reflects the correct ownership and legal description needed for a secure transfer.
Do I need title review if I already have a title insurance policy?
Having a title insurance policy can provide important protections against certain covered title defects that were unknown at the time the policy issued, but it does not replace the need for a careful title review and curative work in many transactions. Title insurance policies often include exceptions and may not address defects that arise from recording errors, missing probate issues, or matters that could have been discovered through a diligent review. Ensuring the public record is as accurate and clear as possible reduces reliance on exceptions and may avoid disputes that title insurance alone cannot fully remedy.Additionally, lenders and buyers often expect the title condition to be addressed before closing so that exceptions included on a title commitment are minimized or explained. Title review and curative steps help achieve that result and produce a smoother closing experience. We work with clients and title companies to determine what curative steps are needed to support a strong title product and reasonable coverage for the transaction.
Can curative work resolve issues from long-ago family transfers?
Yes, curative work can often resolve issues arising from long-ago family transfers, missing probate administrations, or undocumented conveyances. These matters frequently appear as gaps in the chain of title or as vesting that does not match the parties’ intentions. Curative actions may include locating and recording previously unrecorded instruments, preparing affidavits that explain historical transfers, or obtaining court orders that clarify ownership where necessary. Each situation is unique, and resolving older transfers may require more extensive research and coordination with family members or heirs.When heirs or interested parties must sign documents to complete the record, locating and obtaining those signatures can take time. Where parties cannot be located, court proceedings may provide a path to resolve ownership questions. Our goal is to identify the most direct and effective route to clear the record while minimizing cost and delay, and to explain whether administrative steps or court filings are the better option for a particular family-transfer matter.
Who pays for curative work and associated filings?
Responsibility for paying for curative work and associated filings is often negotiated between buyers and sellers or determined by the terms of the purchase agreement. In many transactions, sellers address title defects that existed before listing the property and pay for corrective instruments or releases required to convey clear title. In other cases, buyers may agree to handle certain curative steps as a condition of the purchase, or parties may split costs depending on the nature and timing of the issue. Lenders sometimes require certain items to be cleared before funding and may set requirements for payoff at closing.Recording fees, notary charges, and attorney preparation costs are part of curative expenses and should be discussed at the outset so both sides understand likely costs and timelines. We provide transparent estimates for curative work and help clients negotiate payment responsibility in the purchase contract or settlement statement, seeking solutions that enable closing to proceed without unexpected financial burdens.
How can I start the title review process with Jay Johnson Law Firm?
To begin the title review process with Jay Johnson Law Firm, contact our office at 731-206-9700 or visit our office to provide basic transaction information and any available documents, such as the contract, current deed, recent title commitment, or prior title insurance policy. Early contact allows us to order or conduct the necessary searches, gather relevant recorded instruments, and commence the review that will reveal any potential defects. We will explain the scope recommended for your situation and outline next steps, expected timelines, and likely costs for any required curative work.Once the review begins, we keep you informed about findings and recommend a plan to address any issues. If curative steps are needed, we prepare the required instruments, coordinate signings, and manage filings with county recorders or courts as necessary. Our focus is on practical solutions tailored to the property and transaction timeline so you can proceed with confidence toward a successful closing.