Your Guide to Title Review and Curative Work in Medina
Title review and curative work protect property transactions by identifying and resolving defects that can prevent closing or cloud ownership. In Medina and surrounding Gibson County, parties buying, selling, refinancing, or clearing estate property often encounter issues such as errors in public records, missing heirs, prior liens, or ambiguous conveyances. Jay Johnson Law Firm provides a practical, local-focused approach to reviewing title histories, assessing potential obstacles, and recommending steps to clear defects so property transfers proceed with greater certainty. This introduction outlines what to expect from a careful title review and the types of curative remedies commonly used in Tennessee transactions.
A comprehensive title review begins with a careful examination of deeds, mortgages, judgments, and other recorded documents that affect a parcel. Curative work can include corrective deeds, releases, affidavits, quiet title actions, and coordination with lenders and title insurers. The goal is to produce a marketable chain of title that buyers, sellers, and lenders can rely upon. Whether you are closing a sale in Medina or clearing an inherited property in Gibson County, early attention to title issues reduces delays and unexpected costs. Contact Jay Johnson Law Firm to discuss how to begin the title review and curative process promptly.
Why Title Review and Curative Work Matter to Your Transaction
A thoughtful title review and any necessary curative actions protect the value and transferability of real property. Unresolved defects can lead to delayed closings, lenders declining to fund loans, or future adverse claims that hurt owners and heirs. Conducting this work before a closing or during estate settlement can prevent litigation and reduce post-closing surprises. For buyers, clear title provides peace of mind and access to financing. For sellers and personal representatives, curative steps ensure assets move to their intended recipients. In every case, addressing title issues proactively preserves the property’s marketability and reduces long-term legal expense.
About Jay Johnson Law Firm and Our Approach to Title Matters
Jay Johnson Law Firm serves Medina and communities across Tennessee, offering focused legal services for real estate transactions and estate-related title matters. The firm brings practical knowledge of local recording practices, probate interactions, and lender requirements in Gibson County and surrounding areas. Clients reach out for assistance with title searches, clearing clouds on title, preparing corrective documents, and coordinating with title insurers and closing agents. Jay Johnson Law Firm emphasizes clear communication, timely next steps, and individualized planning so clients understand the options, likely timeline, and potential costs involved in resolving title defects.
Understanding Title Review and Curative Work in Real Estate
Title review is a detailed look at recorded instruments and public records affecting ownership of real property. The review identifies liens, mortgages, tax judgments, easements, discrepancies in ownership names or descriptions, and other encumbrances. Curative work refers to the steps taken to remove or resolve those issues so a title company can insure the property or a lender can provide financing. Curative steps depend on the nature of the issue and may include preparing corrective deeds, obtaining releases, drafting affidavits, or filing a court action. Each matter is unique and requires a tailored plan based on local law and the records discovered.
In many transactions, a title company will provide a preliminary report or commitment that lists exceptions and requirements for insurance. That report becomes the roadmap for necessary curative work. Some matters resolve through straightforward document corrections or negotiations with lienholders, while others require more extensive legal action such as quiet title suits or probate proceedings. Understanding the type of title concern and the likely remedy helps clients budget time and resources. Early engagement with a firm familiar with Tennessee record systems and probate interactions reduces the chance of surprises during closing.
What Title Review and Curative Work Entail
Title review consists of searching public land records and compiling a chain of title that shows how ownership has transferred over time. The review seeks to identify any interruptions or adverse claims that could affect ownership. Curative work is the corrective phase, where the attorney prepares legal documents, negotiates releases, or initiates court processes to clear defects. The combined effort aims to create a marketable title that a title insurer can insure. In Tennessee, curative pathways must follow statutory and recording requirements, so careful drafting and local procedural knowledge are important when resolving issues discovered during a title review.
Key Elements and Steps in Title Curative Work
Typical elements of curative work include confirming chain of title, identifying recorded liens or restrictions, locating missing conveyances, and assessing heirs or beneficiaries for probate-related matters. The process often begins with a title commitment or preliminary report and proceeds to document gathering, contacting relevant parties, preparing corrective deeds, obtaining lien releases, and, when necessary, drafting pleadings for a quiet title action. Coordination with title companies, lenders, and county recording offices is crucial. Each step requires accurate public-record research and clear documentation so the final title is free from unexpected claims or clouds.
Key Terms and Glossary for Title Review and Curative Work
Familiarity with common title terms helps clients understand the issues uncovered during a title review and the remedies that follow. The glossary below explains frequently used phrases encountered in curative work, such as title search, cloud on title, chain of title, and curative deed. Knowing these definitions provides context for the documents and actions the firm will propose. Clear terminology also facilitates communication with lenders, title agents, and county clerks as the matter moves from research to corrective measures and final recording of any required instruments.
Title Search
A title search involves reviewing public records to establish the history of ownership and identify any recorded interests that affect a property. This includes deeds, mortgages, tax liens, judgments, easements, and recorded notices. The title search reveals whether any defects exist that could interfere with a clean transfer of ownership or a lender’s ability to secure its interest. Based on the findings, the attorney recommends remedies or further investigation. A thorough search lays the groundwork for curative work and informs both buyers and sellers about potential obstacles before a closing moves forward.
Curative Deed and Corrective Documents
A curative deed or corrective document is an instrument prepared to fix inaccuracies in the public record, such as mistaken conveyance language, incorrect legal descriptions, or misspelled names. These documents may be used to clarify ownership, remove defects, or confirm transfers that were not properly recorded. Properly drafted corrective instruments must meet recording requirements and be accompanied by any needed acknowledgments or affidavits. When executed and recorded, these documents help restore a clear chain of title so a title company can insure the property or a lender can advance funds with confidence.
Cloud on Title
A cloud on title is any irregularity or claim that casts doubt on the owner’s right to the property. Clouds may arise from unresolved liens, conflicting deeds, judgments, or suspected forgery. Identifying a cloud is the first step; the next is determining an appropriate remedy, whether that is obtaining a release, correcting the record, or pursuing a judicial remedy. Clouds can prevent closings and complicate estate transfers. Clearing a cloud typically requires assembling documentation and taking legal steps tailored to the specific nature and severity of the defect.
Chain of Title
Chain of title refers to the chronological record of conveyances and recorded documents that show how ownership of the property passed from one party to another. A complete and unbroken chain is essential for establishing marketable title. Gaps, ambiguous transfers, or unrecorded interests within the chain may trigger curative work. Reconstructing the chain often requires examining historical records, deeds, probate files, and tax records to ensure continuity. Once the chain is verified and corrected as needed, a title company or lender is more likely to accept the title as insurable.
Comparing Limited Title Review and Full Curative Services
Clients may choose between a limited title review that identifies obvious issues and a full curative service that actively resolves defects. A limited review can be suitable when the title appears clear and the transaction is routine, while full curative services are appropriate when exceptions appear, there are probate interactions, or lenders require corrective steps. Full curative work involves drafting, negotiating, and recording documents or initiating court proceedings if needed. Understanding the differences helps clients select the level of service that fits their risk tolerance, timeline, and transaction complexity.
When a Limited Title Review May Be Sufficient:
Simple Transactions with Clear Public Records
A limited title review may be appropriate for straightforward sales or refinances where public records show a continuous and unencumbered chain of title. In these cases, the title company’s preliminary report has minimal exceptions, and there are no recorded liens, judgments, or competing claims. When documentation is current, names are consistent, and previous conveyances are clear, limited review can confirm the title status quickly and at lower cost. This approach works best when parties have confidence in the existing record and do not anticipate hidden issues requiring legal intervention.
Routine Refinances or Transactions with Title Insurance Commitments
Refinances or repeat transactions where a reputable title company has issued a clean preliminary title report often require less intensive legal involvement. If the title insurer is willing to commit to coverage with only standard exceptions, and there are no pending probate or heirship concerns, a limited review and coordination with the title company may be enough. That said, if any exception raises questions, or if the lender’s requirements change, the matter may need to expand into curative work to obtain necessary releases or corrective documents.
When Comprehensive Curative Work Is the Right Choice:
Complex Title Clouds, Conflicting Claims, or Missing Records
Comprehensive curative work becomes necessary when title research uncovers significant clouds, conflicting conveyances, or missing documentation that cannot be corrected by simple releases. This includes situations involving forged signatures, incomplete chains, or multiple parties claiming an interest. Such matters often require drafting corrective deeds, obtaining affidavits from interested parties, negotiating with lienholders, or filing a quiet title action in court. Addressing these issues thoroughly protects future owners and lenders, and may be essential to restore marketability for sale or refinance transactions.
Probate-Related Issues and Unresolved Heirship Questions
When property transfers through an estate, unresolved heirship or probate matters can leave gaps in the chain of title. Identifying legal heirs, confirming transfers through probate, and preparing deeds or court filings to convey title properly are often part of curative work. These matters can be time-sensitive and may require filings in probate court or coordination with personal representatives. Ensuring that heirs’ interests are confirmed and properly recorded clears the path for a marketable title and reduces the likelihood of future challenges to ownership.
Benefits of Choosing a Comprehensive Title Review and Curative Path
A comprehensive approach addresses potential title defects thoroughly before a closing or transfer. By resolving issues in advance, clients reduce the risk of last-minute delays, financing denials, or post-closing disputes. Buyers gain confidence that their ownership interest is protected, lenders receive assurance about collateral, and sellers or personal representatives can complete transfers without lingering clouds. Comprehensive curative work also tends to streamline later transactions by creating a documented, recorded history of corrective measures that future purchasers and title companies can review.
Taking a full, methodical approach can save time and money in the long run by avoiding expensive litigation and protecting property value. Addressing defects early clarifies responsibilities, uncovers the simplest resolution paths, and prevents recurring issues from resurfacing. A well-executed curative process provides clear documentation recorded in public records, supporting marketability for future buyers and lenders. For estates and complex transfers, comprehensive work can be particularly valuable because it coordinates probate steps with property record corrections to achieve a stable, transferable title.
Greater Certainty for Buyers, Sellers, and Lenders
Comprehensive title review and curative work give all parties stronger assurance that the property can be transferred without unexpected claims. By eliminating clouds, confirming the chain of title, and recording corrective documents, the resulting title is clearer for buyers and acceptable to lenders who rely on public records. This certainty reduces the likelihood of post-closing disputes and supports smoother closings. When transactions proceed with clarified title, parties benefit from predictable timelines and fewer surprises, making the overall real estate process more reliable and less stressful.
Reduced Risk of Future Ownership Disputes and Encumbrances
Resolving title defects proactively minimizes the risk of future challenges from creditors, heirs, or prior claimants. Curative measures such as releases, corrective deeds, and recorded affidavits create an official and accessible record of the resolution. This recorded evidence helps prevent later claims and provides a clearer history for future purchasers. By completing curative work before a sale or refinance, property owners and their representatives protect the asset’s value and reduce the potential for costly litigation down the road, which can arise from unresolved clouds or ambiguous transfers.
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Practical Tips for Title Review and Curative Work
Begin with a Thorough Title Search
Start your process by ordering a complete title search and obtaining the title company’s preliminary report. This report highlights recorded liens, exceptions, and potential deficiencies that require attention. Reviewing these items early allows you to understand likely hurdles and to budget for any necessary curative steps. Early knowledge also enables coordination with lenders and sellers to address requirements ahead of closing. A thorough preliminary search reduces surprises and helps prioritize which issues must be resolved immediately versus which can be addressed post-closing if appropriate.
Gather and Preserve Ownership Documents
Address Defects Early in the Transaction
Tackle any identified title defects as soon as they appear during negotiations or the refinance process. Early action prevents last-minute delays and can avoid the need to postpone closings. Prompt communication with lienholders, heirs, and title companies helps resolve encumbrances and obtain necessary releases. In contested situations, early preparation of curative documents or filings provides time to manage potential disputes without pressure. Proactive scheduling and clear documentation reduce stress for all parties and support a smoother path to a recorded, insurable title.
Reasons to Consider Professional Title Review and Curative Work
Consider professional title review and curative work when any doubt exists about ownership, recorded encumbrances, or the completeness of prior conveyances. Property involved in estates, older rural parcels with long chains of record, or properties with potential liens or judgments often benefit from detailed review. Professional attention can determine whether straightforward document corrections suffice or whether a court filing or probate step is required. In each scenario, the objective is to avoid costly delays, protect lending transactions, and ensure the property is transferable without lingering legal issues.
You should also consider these services when lenders require clean title for financing, when heirs or beneficiaries are uncertain, or when historical records show ambiguities in descriptions or signatures. Timely legal involvement helps preserve property value and reduces the likelihood of future disputes. Engaging a firm familiar with Tennessee recording and probate practices helps tailor the curative plan to local rules and timelines, making it easier to bring the title to a state acceptable to buyers, lenders, and title insurers.
Common Situations That Require Title Review and Curative Work
Frequent triggers for title review and curative work include discovered liens or judgments, unclear transfers after probate, errors in deed descriptions, and missing signatures or improperly notarized instruments. Other common situations include boundary disputes revealed by surveys, prior subdivisions that were not recorded correctly, or documents that reference outdated legal descriptions. Each circumstance demands a tailored response, ranging from negotiating releases to filing corrective deeds or initiating quiet title actions. Identifying the correct remedial path early makes resolution more efficient and effective.
Discovered Liens or Judgments
When liens or judgments appear in the public record, they can block closings and complicate transfers. Addressing these matters may mean obtaining releases from lienholders, paying down obligations at closing, or negotiating settlement terms. In some cases, older judgments may need formal satisfaction documentation or proof of payment. The curative process involves verifying the validity and priority of liens and coordinating with creditors to obtain written releases suitable for recording. Proper documentation and recording of releases help clear title and enable transactions to move forward.
Heirship, Probate, and Unknown Beneficiaries
Properties that pass through an estate often require probate steps or documentation to confirm rightful heirs. Unclear heirship can create gaps in the chain of title and lead title companies to list exceptions. Resolving these issues commonly involves filing probate documents, obtaining heirship affidavits, or preparing deeds that convey ownership to identified heirs. Identifying and contacting heirs, reviewing wills, and preparing necessary court filings are part of the curative pathway for probate-related title concerns. Proper resolution ensures recorded ownership reflects the estate’s legitimate transfers.
Errors in Public Records or Deeds
Recording errors, misspelled names, incomplete legal descriptions, and incorrect notarial acknowledgments can create uncertainty in the public record. Corrective measures may include drafting and recording corrected deeds, obtaining affidavits that explain prior mistakes, and ensuring documents meet county recording requirements. These steps are often straightforward but must be carefully executed to prevent future challenges. Correcting errors in the record restores clarity in the chain of title and aids in obtaining title insurance or satisfying lender conditions for a closing.
Local Title Review and Curative Services in Medina
Jay Johnson Law Firm is available to help Medina property owners, buyers, sellers, and personal representatives with title review and curative work. The firm provides practical guidance on identifying recorded issues, drafting corrective documents, and coordinating with title companies and lenders to resolve exceptions. Clients in Gibson County benefit from a local understanding of recording practices and probate processes. For questions about a specific parcel, preliminary title report, or the steps needed to clear a title, reach out to discuss next steps and timing for resolving the matter effectively within Tennessee procedures.
Why Choose Jay Johnson Law Firm for Your Title Needs
Jay Johnson Law Firm brings a client-focused approach to title review and curative matters, emphasizing clear communication and timely progress. The firm understands how title issues interact with real estate closings, lender requirements, and probate procedures in Tennessee. By coordinating with title companies and relevant third parties, the firm helps move transactions forward while documenting corrective steps for the public record. Clients receive practical recommendations and a roadmap for resolving defects that may otherwise delay or derail a closing or estate transfer.
For Medina and Gibson County matters, local familiarity with county recording habits and clerks’ procedures reduces unnecessary delays. Jay Johnson Law Firm assists with drafting corrective deeds, preparing affidavits, obtaining lien releases, and, when needed, bringing actions to quiet title. The firm works to identify the most efficient path to resolution that aligns with a client’s timeline and budget considerations. Early counsel helps set realistic expectations and ensures that required steps are completed correctly and recorded in the proper sequence.
Clients commonly appreciate candid discussions about likely timelines and the documentation needed to clear title. Whether resolving a minor recording error or coordinating a complex curative plan that involves probate or creditor negotiations, the firm provides clear next steps and follows through to completion. If you have a pending closing, inherited property concerns, or questions about a title commitment, contact Jay Johnson Law Firm to begin the review and develop a curative plan tailored to your specific situation in Tennessee.
Ready to Discuss Your Title Questions? Call Jay Johnson Law Firm Today
The Title Review and Curative Process at Our Firm
Our process begins with a review of the preliminary title report and public records, followed by document gathering and a written plan outlining recommended curative steps. We communicate early with title companies, lenders, and relevant parties to determine necessary releases or corrective instruments. If court action is required, we prepare filings and manage the procedural steps. Throughout the process we provide regular updates, explain options, and ensure that any recorded documents meet county requirements so the final title is as clear and marketable as possible.
Step One: Initial Title Review and Case Assessment
The initial step focuses on reviewing the title commitment, conducting a thorough public-record search, and assessing the nature of any exceptions. We identify recorded liens, irregularities in conveyances, missing releases, and potential heirs or parties of interest. Based on those findings, the firm outlines likely remedies, prepares a recommended plan of action, and estimates timelines for necessary curative measures. This initial assessment sets priorities for addressing issues that would otherwise prevent a closing or interfere with a clean transfer of ownership.
Gathering Key Documents and Ownership Records
Collecting deeds, previous conveyances, wills, probate files, tax records, and mortgage information is essential during the initial phase. These documents often reveal unrecorded transfers, clarify chain-of-title gaps, and provide evidence needed to prepare corrective instruments. We request and review originals or certified copies where necessary and may coordinate with county offices to obtain historical records. A complete set of ownership documents streamlines the curative plan and reduces the need for additional research, allowing corrective steps to proceed more efficiently.
Identifying Recorded Encumbrances and Exceptions
During the search we identify mortgages, tax liens, judgments, easements, and other encumbrances that could affect marketability. Each recorded item is evaluated for validity, priority, and whether it requires a release or negotiation. Some encumbrances can be resolved by securing releases or payoffs at closing; others may require further negotiation or legal filing. Prioritizing issues and understanding the record implications helps determine which curative tasks are urgent and whether additional legal steps are necessary to clear title.
Step Two: Curative Strategy and Document Preparation
Once issues are identified, we develop a curative strategy tailored to the specific defects. This stage includes drafting corrective deeds, lien releases, affidavits, and settlement communications. If a quiet title action or probate filing is needed, we prepare pleadings and supporting documentation. Communication with lienholders, heirs, and other stakeholders begins so needed consents or releases can be secured. The goal of step two is to produce the documents and agreements necessary to remove exceptions listed in the title commitment and to satisfy lender and title company requirements.
Preparing Curative Documents and Agreements
Preparing curative documents requires careful drafting to ensure clarity and compliance with recording standards. Corrective deeds must describe property accurately and include proper acknowledgments. Releases must identify the specific lien or encumbrance and be signed by the appropriate party. Affidavits used to explain gaps or heirship must contain factual support and follow statutory requirements. Accurate preparation reduces the chance of further objections by title companies and expedites the recording process once parties execute the documents.
Coordinating with Third Parties, Title Companies, and Lenders
Effective curative work depends on coordination with title insurers, lenders, and other third parties to confirm their requirements and accept planned remedies. We communicate proposed curative documents and obtain feedback so the instruments will satisfy underwriting or lender conditions. Negotiations with lienholders or other claimants may be necessary to obtain releases or compromise agreements. Clear, documented coordination ensures the title company can issue insurance or that a lender will approve funding once curative steps are completed and recorded.
Step Three: Finalization, Recording, and Closing Coordination
The final stage includes executing and recording the curative documents, filing any required court orders, and coordinating the closing process. Once instruments are recorded, the title company updates the commitment and removes exceptions that have been resolved. We verify that all required releases appear in the public record and work with the closing agent to ensure smooth funding and transfer. Finalization ensures that the property’s recorded history reflects the corrective steps taken, supporting a stable title position for buyers and future transactions.
Submitting Documents for Recording and Verifying Entries
After execution, curative documents are submitted to the county recording office for filing. We confirm that documents are recorded under the correct book and page or instrument number and verify that county indexing accurately reflects the changes. This verification is important to make sure releases or corrective deeds appear in searches and that the chain of title shows the resolved items. Prompt confirmation of recording helps clear outstanding exceptions and provides evidence needed by title insurers and lenders.
Coordinating Closing and Release of Encumbrances
Once curative steps are complete and recorded, we coordinate with closing agents and lenders to ensure any payoffs or releases occur as planned and that funds are disbursed appropriately. We confirm that the title company’s final policy will reflect the resolved exceptions and assist with any last-minute documentation required at closing. Clear communication at this stage avoids funding delays and ensures the transaction closes with the corrected public record in place, allowing all parties to move forward with confidence in the property’s title.
Frequently Asked Questions About Title Review and Curative Work
What is a title review and why do I need one?
A title review is a careful examination of public records, deeds, mortgages, liens, easements, and judgments that affect ownership of a parcel of property. It identifies any issues that might prevent a clean transfer of title or that would lead a title company or lender to list exceptions. Reviewing title before a closing helps parties understand obligations, possible payoffs, and necessary corrective steps so the transaction can proceed without undue delay.You need a title review because unresolved issues can block closings, cause lenders to withhold funding, and create future disputes over ownership. Early identification allows time to prepare releases, corrective deeds, or other curative measures, reducing last-minute problems and improving the likelihood of a smooth transaction that protects buyers, sellers, and lenders.
How long does curative work typically take?
The timeline for curative work varies based on the complexity of discovered issues. Simple matters, such as obtaining lien releases or recording corrective deeds, can resolve in a few days to a few weeks depending on the responsiveness of third parties and county recording schedules. These tasks are often routine once the necessary parties sign and return documents.More complex matters, including locating heirs, negotiating with multiple lienholders, or pursuing a quiet title action, can take several months or longer. Court filings and probate proceedings add additional time due to procedural requirements and court schedules. An initial assessment will provide a more accurate timeline based on the specific facts of the case.
What are common defects found during a title search?
Common defects discovered during a title search include unpaid tax liens, outstanding mortgages, recorded judgments, easements that restrict use, and errors in prior deed descriptions such as misspelled names or incorrect legal descriptions. Additionally, unresolved probate issues or unrecorded transfers can create gaps in the chain of title that require attention.Some defects are remedied by obtaining releases or payoffs, while others require corrective deeds, affidavits, or court action. The title search informs which remedy is appropriate and helps the attorney and the parties prioritize steps needed to clear exceptions listed in the title company’s preliminary report.
Can a title company resolve defects on its own?
Title companies identify exceptions in the preliminary report and often indicate what documentation they require for a closing or to issue a policy. In many cases, a title company can accept standard releases or corrective documents prepared and recorded by the parties. Coordination with the title company is an important part of the curative process.However, when defects involve disputed ownership, missing heirs, or matters requiring court resolution, the title company alone cannot resolve the issue. Those situations typically require legal action or additional documentation that legal counsel prepares and records in a manner acceptable to the title company and lender.
What does a curative deed do and when is it used?
A curative deed, sometimes called a corrective deed, is prepared to fix inaccuracies in previously recorded instruments. This could involve correcting a clerical error, clarifying a legal description, or confirming an intended transfer that was not properly recorded. When executed and recorded correctly, the curative deed clarifies the chain of title and helps remove an exception identified during the title review.Curative deeds must meet recording office requirements, including proper notary acknowledgments and accurate descriptions. They are used when a clerical or recording error is the source of a cloud on title and when an updated recorded instrument will resolve the issue for the title company and lenders.
Do curative actions require court proceedings?
Not all curative actions require court proceedings. Many defects are resolved through documentation such as releases, corrective deeds, or affidavits executed by the appropriate parties and recorded in the county land records. These administrative remedies are common and often sufficient for a title insurer to remove exceptions.Court proceedings become necessary when parties cannot be located, ownership is contested, or a legal determination is needed to fix the chain of title. Quiet title actions, for example, provide a judicial declaration of ownership and are appropriate when adverse claims or long-standing uncertainties prevent resolution by document recording alone.
How are probate and title curative work connected?
Probate and title curative work intersect when property ownership transfers as part of an estate. Probate identifies legal heirs and validates wills, which provides the authority to transfer property. If probate is incomplete or heirs are unknown, the chain of title may show gaps or unclear transfers that trigger curative work.Curative steps in probate-related matters often include preparing deeds from the estate to heirs or purchasers, filing necessary probate orders for recording, and obtaining documented consents from beneficiaries. Coordinating probate filings with recording of curative instruments ensures the public record reflects the lawful transfer of property.
Will curative work affect my closing costs?
Curative work can affect closing costs depending on the issues and the remedies required. Routine curative actions like recording a corrective deed or obtaining a release typically involve modest filing fees and document preparation costs. Those expenses can sometimes be addressed within the closing settlement or through negotiated payoffs where appropriate.More involved matters such as contested claims or court actions will increase legal costs and extend timelines. Discussing likely remedies early allows clients to budget accurately and consider cost-sharing arrangements between buyers and sellers when defects are identified during negotiations.
How do I begin the title review process?
Begin the title review process by ordering the title company’s preliminary report and gathering any ownership documents you have, such as prior deeds, probate records, or mortgage statements. Provide these materials to the attorney so an initial assessment can identify likely defects and propose remedies. Early engagement allows the attorney to communicate with the title company and other parties to reduce the risk of last-minute problems at closing.If you receive a title commitment with exceptions, contact legal counsel promptly to review the exceptions and develop a curative plan. Timely review and coordinated action with the title company and lender improves the chances of a smooth closing and reduces the likelihood of delays or uncovered issues post-closing.
Can curative work remove old liens or judgments?
Old liens or judgments can sometimes be removed, depending on whether they have been satisfied, released, or otherwise extinguished under law. If a lien has been paid but not released, obtaining a recorded release from the creditor will typically clear that item. In other cases, statutes of limitations, satisfaction documentation, or negotiated settlements can remove or subordinate older claims.When record errors or unclear satisfactions complicate matters, curative steps may include obtaining affidavits, recording reconveyances, or initiating a court proceeding to obtain a judicial determination. Each situation depends on the lien’s status and available documentation, so an assessment will determine the appropriate path.