Comprehensive Guide to Title Review and Curative Work
Title review and curative work protect property owners and buyers by identifying and resolving issues that cloud title or limit clear ownership. At Jay Johnson Law Firm in Erin, Tennessee, our approach focuses on thorough document review, careful research of public records, and the drafting of agreements or filings necessary to remove or mitigate title defects. Whether you are completing a purchase, transferring property, or addressing a defect found during closing, clear title reduces future risk and facilitates smooth transactions. We work with lenders, title companies, and property owners to resolve issues in a timely and practical manner tailored to local rules and common practices.
Early identification of title issues often prevents delays and unexpected costs later in a real estate transaction. Our process begins with a complete review of the title commitment and public records to spot liens, judgments, easements, missing signatures, or other records that could affect ownership. From there we recommend appropriate curative steps such as obtaining releases, preparing affidavits, executing corrective deeds, or coordinating quiet title actions when needed. Our goal is to provide clear options and realistic timelines so clients in Erin and throughout Tennessee can proceed with real estate matters with confidence and fewer surprises.
Why Title Review and Curative Work Matters for Property Owners
A careful title review and appropriate curative measures safeguard property value and reduce legal exposure for buyers, sellers, and lenders. Resolving defects like unpaid liens, clouded ownership, or incomplete chain of title prevents disputes and supports marketable title at closing. Curative work, when done proactively, can reduce the chance of post-closing litigation, preserve financing options, and ensure that the property can be transferred or encumbered in the future without issue. For homeowners and investors alike in Erin, addressing title problems early protects investments and streamlines future transactions or estate planning that involve the property.
About Jay Johnson Law Firm and Our Real Estate Practice
Jay Johnson Law Firm serves individuals and businesses across Tennessee, including clients in Erin and Houston County, with focused attention on real estate matters such as title review and curative work. Our team handles document preparation, negotiation with third parties, and coordination with title companies and lenders to address title issues efficiently. We combine practical knowledge of local recording practices with careful legal analysis to recommend clear pathways to resolve title concerns. Communication and responsiveness are central to how we work, and we prioritize keeping clients informed about timelines, costs, and realistic outcomes for resolving defects.
Understanding Title Review and Curative Work
Title review involves examining the chain of title, recorded documents, and title commitments to identify matters that could affect ownership or marketability. Curative work refers to the actions taken to fix those issues, which can include obtaining lien releases, preparing corrective deeds, gathering affidavits from parties with knowledge, clearing probate defects, or filing cases to quiet title when necessary. The specific steps depend on the nature of the defect and the preferences of lenders or title insurers. In Tennessee, local recording practices and county requirements influence the documents needed and the likely timeframes to resolve defects.
A title review is often a routine part of closing, but some defects require more focused attention and legal filings. Curative work may be straightforward, like securing a release from a creditor, or more involved, such as resolving a boundary dispute or correcting historical recording errors. Early involvement by counsel can help prioritize actions, avoid unnecessary steps, and protect client interests. For property transactions in Erin, understanding how county records are maintained and how to coordinate with the closing agent or lender is an important part of delivering an effective resolution to title concerns.
Definition and Scope of Title Review and Curative Work
Title review is the legal and factual examination of recorded instruments affecting a parcel of land to determine ownership rights and identify encumbrances. Curative work addresses defects found during that review by taking steps to remove clouds on title and restore marketability. This can include drafting corrective instruments, obtaining releases or estoppel statements, facilitating probate or heirship resolutions, and coordinating with title companies for endorsements. The combined service ensures a purchaser or owner has confidence in the property’s legal status and can proceed with transfers or financing without unresolved encumbrances that could cause future disputes.
Key Elements and Typical Curative Processes
Important elements of title review include verifying the chain of title, confirming proper signatures and acknowledgments, checking for recorded liens, and identifying easements or restrictive covenants. Curative processes vary widely: obtaining missing signatures, resolving judgments, preparing affidavits to clarify facts, and filing pleadings to establish ownership in court when required. Coordination with title insurance companies and lenders is often necessary to meet closing conditions. Effective curative work balances thorough documentation, efficient communication with stakeholders, and compliance with Tennessee recording and procedural requirements to achieve a clean title.
Key Terms and Glossary for Title Review
Below are concise definitions of common terms used in title review and curative work. Understanding these terms helps property owners follow the steps needed to clear defects and finalize transactions. The glossary covers basic concepts like liens and easements, common curative remedies, and procedural terms relevant to Tennessee property matters. Each term explains how it might appear in a title commitment or public record and why it matters for closing or long-term ownership. If a term applies to your property, we explain the typical options to address it and the potential implications for transferability and financing.
Lien
A lien is a legal claim or encumbrance against real property to secure payment of a debt or obligation. Liens can arise from mortgages, tax assessments, judgments, or contractor claims, and they may prevent the transfer of clear title until the underlying obligation is resolved. Curative work often focuses on confirming the validity and priority of a lien, negotiating releases or satisfactions, or taking legal steps to contest or clarify the claim. Addressing liens promptly ensures a property can be conveyed or used as collateral for financing without unexpected legal impediments.
Easement
An easement grants a party a limited right to use another person’s land for a specific purpose, such as access, utilities, or drainage. Easements are typically recorded and can affect property value or future development. During title review, identifying easements helps buyers and owners understand existing rights that may limit exclusive use. Curative work may involve confirming the scope or location of an easement, negotiating amendments with the beneficiary, or clarifying ambiguities that affect use. A clear record of easements allows property owners to plan improvements while respecting recorded rights.
Chain of Title
The chain of title refers to the historical sequence of transfers and recorded documents showing ownership of a property. Gaps, missing documents, or improperly recorded instruments can create doubts about current ownership. Title review reconstructs the chain of title to confirm that transfers were valid and to identify any defects that must be addressed. Curative work may require obtaining missing deeds, corrected recordings, or affidavits from parties involved in prior transactions. Establishing an unbroken chain of title is fundamental to ensuring marketable ownership and reducing future disputes.
Quiet Title
A quiet title action is a legal proceeding filed in court to resolve competing claims and declare the rightful owner of real property. When recorded documents or adverse possession claims cloud ownership, a quiet title suit can establish clear title by court order. This remedy is sometimes necessary when other curative steps are insufficient or parties cannot agree. Quiet title proceedings involve notice to interested parties, factual proof of ownership, and compliance with procedural requirements. The result, if granted by the court, provides a definitive resolution suitable for recording and future conveyance.
Comparing Limited and Comprehensive Curative Approaches
Property owners and buyers may choose between targeted, limited curative actions or a more comprehensive approach that resolves all potential title concerns. A limited approach focuses on specific defects necessary for a particular transaction, often saving time and cost when only a few issues block closing. A comprehensive approach examines the entire chain of title and proactively resolves latent defects that could cause future problems. The right choice depends on the client’s objectives, the scope of the transaction, and the level of risk the client is willing to accept for future ownership and resaleability in Erin and the wider Tennessee market.
When a Limited Curative Approach Is Appropriate:
Addressing Immediate Closing Conditions
A limited curative approach is often appropriate when the title issue is isolated and directly tied to completing a current sale or refinance. Examples include obtaining a release of a small lien that a seller will pay off at closing, correcting a misspelling on a deed, or securing a missing signature from a known party. When the matter is confined to one or two recorded items and the parties are cooperative, focused curative steps can clear the title with minimal delay. This route balances efficiency with the need to meet the lender’s and title insurer’s conditions for closing.
Resolving Minor Recording Errors
Minor errors in recordings, such as incorrect legal descriptions or missing acknowledgments, can often be corrected without broad investigation. Preparing corrective deeds, affidavits, or re-recording a properly executed instrument frequently satisfies title company requirements. When these matters do not indicate deeper issues with chain of title or ownership disputes, a narrow curative plan is efficient and cost-effective. Such measures are suitable when the parties involved are accessible and willing to cooperate, and when resolving the recording mistake is sufficient to provide marketable title for the near-term transaction.
When a Comprehensive Curative Plan Is Advisable:
Addressing Complex or Historic Defects
Comprehensive curative work is necessary when title issues suggest deeper flaws in the chain of title, such as missing transfers, competing claims, unresolved probate matters, or longstanding boundary irregularities. In those circumstances, limited fixes may not protect future ownership or marketability. A thorough investigation, coordination with multiple parties, and possibly court actions are often required to secure a definitive resolution. For owners and purchasers who want long-term assurance that the property can be sold or financed without recurring title problems, a comprehensive plan provides greater certainty and durability of results.
Preparing Property for Future Transactions
When property owners anticipate future sales, refinances, or estate transfers, investing in comprehensive curative work can prevent delays and disputes later on. Resolving latent defects now creates a clear record for potential purchasers and lenders and reduces the chance of post-closing claims. This approach often involves reconciling historical records, clearing heirship issues, and obtaining court orders when necessary to confirm title. For investors or owners planning long-term use of property in Erin, addressing these matters proactively can protect value and simplify future transactions.
Benefits of a Comprehensive Title Curative Approach
A comprehensive curative strategy provides greater assurance that title defects are resolved thoroughly, reducing the risk of future disputes or claims that could affect ownership or financing. By addressing both obvious and latent issues, owners protect property value and make future closings more predictable. Comprehensive work can also streamline future estate transactions, lending, and development by providing a clear chain of title for successors and purchasers. The initial investment in broader curative steps often pays off through fewer surprises and lower cumulative costs over time compared with repeatedly addressing issues as they arise.
Comprehensive curative work also supports smoother relationships with title insurers and lenders, who may be more likely to provide favorable endorsements when unknown defects have been addressed. It reduces administrative burdens for future owners and can accelerate transactions because fewer unresolved matters require additional documentation or court involvement. For clients in Erin and surrounding Tennessee counties, this proactive stance enhances transferability and decreases the administrative friction that often arises when title issues remain unresolved across multiple transactions or owners.
Greater Marketability and Transferability
When title defects are resolved comprehensively, the property becomes easier to sell or use as collateral for loans because purchasers and lenders face fewer unknowns. A clean title record improves buyer confidence and may reduce negotiation friction at closing. Clearing historical uncertainties and removing clouds on title directly improves how the property is perceived in the market and can expedite future transactions. For owners who expect to transfer property in the future, comprehensive curative work preserves value and simplifies the closing process for subsequent buyers.
Long-Term Risk Reduction
Addressing title issues comprehensively reduces the likelihood of later disputes, liens resurfacing, or claims by unknown parties that could threaten ownership or lead to expensive litigation. A complete solution often includes court orders or recorded instruments that provide a durable public record. This long-term protection benefits property owners and their successors by creating a firmer foundation for future transactions, estate administration, and development planning. The upfront effort to clear and document title issues can save significant time and resources down the road.
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Practical Tips for Managing Title Issues
Start Title Review Early
Initiating a title review well before closing helps identify potential defects that could delay or derail a transaction. Early review gives time to research public records, contact interested parties, and assemble necessary documentation. When issues are found, prompt action prevents last-minute rushes to obtain releases or corrective documents. Starting early is especially helpful if probate or court filings may be needed, as those processes can require additional time. Advance planning and communication with the title company, lender, and the other parties involved can streamline the curative process and reduce stress.
Keep Clear Records and Documentation
Coordinate with Title Companies and Lenders
Coordinating early and frequently with the title insurance company and lender helps ensure that curative steps meet their requirements for closing. Title companies may request specific language in releases or corrective deeds, and lenders may have criteria for acceptable documentation. By involving these parties in planning, you can avoid rework and prevent delays caused by mismatched expectations. Clear communication about timelines and obligations ensures that everyone understands the path to closing and the documents needed to provide the required coverage or assurances.
Reasons to Consider Title Review and Curative Services
Consider title review and curative work if you are buying, selling, refinancing, or otherwise transferring property and want to avoid surprises that could affect the transaction or future ownership. Title issues discovered at closing can create delays, increase costs, or even jeopardize financing. For sellers, resolving defects beforehand makes the property more attractive to buyers. For buyers and lenders, confirmed clear title reduces risk and prevents future disputes. Property owners preparing estate plans or contemplating development may also benefit from having a thoroughly reviewed and curative-ready title record.
Another reason to pursue curative services is to protect long-term value and ensure that the property can be conveyed or encumbered without hidden encumbrances. Issues like unresolved probate matters, missing signatures, or historical recording mistakes can resurface later and create complications for heirs or subsequent buyers. Proactive curative work provides a cleaner public record and greater peace of mind for owners who wish to minimize administrative burdens and potential legal exposure related to property ownership in Erin and other Tennessee jurisdictions.
Common Circumstances That Require Title Curative Work
Typical situations that call for title review and curative work include transactions where title commitments list exceptions, closings involving estate or probate transfers, properties with long ownership histories, and cases where survey or boundary issues appear. Other common triggers are liens or judgments found during review, missing or defective deeds, and claims by third parties such as creditors or former owners. Each of these circumstances requires tailored action to clear or manage the issue so that the property can be conveyed with confidence and meet lender or title insurer requirements.
Sales or Refinances with Title Exceptions
When a title commitment includes exceptions or unresolved items, targeted curative steps are necessary to satisfy closing conditions. Exceptions might identify unpaid taxes, contractor liens, or easements that affect the buyer’s use. Resolving these items may involve obtaining releases, paying off obligations, or negotiating amendments to recorded instruments. The aim is to address the matters that are blocking closing while documenting the resolution for the title company and lender, creating a clear record that permits the transaction to proceed without lingering uncertainties.
Transfers from Estates or Probate
Transfers involving estates commonly surface title issues such as incomplete probate, unclear heirship, or missing documentation of past transfers. Curative work in these cases often identifies necessary probate proceedings, prepares deeds reflecting the correct transferees, and secures court orders where required to validate title. Coordinating with executors or personal representatives and compiling supporting records helps establish a clear chain of ownership. Addressing these matters before a sale or refinance prevents delays and provides assurance to buyers and lenders.
Historic Recording Errors or Missing Documents
Older properties or parcels that have changed hands many times can suffer from recording errors, missing deeds, or ambiguous descriptions that cloud title. Curative work here may entail tracking down original instruments, preparing corrective deeds, or obtaining affidavits from parties with knowledge. In some cases, quiet title actions may be necessary to conclusively resolve competing claims. Establishing a clear public record for older properties preserves marketability and reduces the likelihood of future claims based on historical irregularities.
Title Review and Curative Services in Erin, TN
Jay Johnson Law Firm is available to assist property owners, buyers, and lenders in Erin with title review and the curative work necessary to clear defects and support smooth transactions. We coordinate with title companies, lenders, and other parties to prepare releases, corrective instruments, and filings that meet local recording standards. Our approach is practical and client-focused, aiming to resolve issues efficiently so clients can proceed with closings or long-term planning. For local calls, reach our office to discuss the title matters affecting your property and the steps needed to address them.
Why Choose Jay Johnson Law Firm for Title Curative Work
Choosing legal representation for title review and curative work means partnering with a firm that understands Tennessee recording practices and the practical steps that lead to resolved title issues. Jay Johnson Law Firm brings experience in preparing deeds, releases, affidavits, and where necessary, filings for court action to clarify ownership. We emphasize clear communication, realistic timelines, and careful documentation to support closings and future conveyances. Our goal is to provide a straightforward path to clear title while keeping clients informed about options and next steps throughout the process.
We focus on coordinating with title companies and lenders so that curative work meets their requirements and avoids delays at closing. That coordination includes confirming the precise language and endorsements needed, obtaining necessary signatures or releases, and arranging filings with the county recorder. Whether the issue is a simple recording correction or a more involved matter requiring court involvement, we outline the alternatives and recommend the most practical route for resolution given the client’s objectives and timeline.
Clients value responsive communication and transparent fee discussions when addressing title issues. We provide clear explanations of the nature of defects, possible curative paths, expected timelines, and likely costs so clients can make informed decisions. Our practice aims to resolve matters efficiently while protecting client interests in both near-term transactions and longer-term property ownership plans. For property matters in Erin and surrounding Tennessee counties, we are available to discuss how to proceed and what documentation will support a successful outcome.
Contact Our Office to Discuss Your Title Issue
Our Process for Title Review and Curative Work
Our process starts with a detailed review of the title commitment and public records to identify all exceptions and potential defects. We then evaluate which items require immediate action for closing and which call for more comprehensive curative steps. After discussing options and fees with the client, we coordinate with title companies, lenders, lienholders, and other stakeholders to obtain releases, prepare corrective instruments, and file necessary documents. If litigation or a quiet title action is required, we outline the court process and secure the necessary relief while maintaining communication about timelines and costs.
Initial Title Review and Case Assessment
The first step is a careful review of the title commitment, recorded documents, and any surveys to identify the specific items that affect marketability. We compile a clear list of exceptions and potential defects and assess the best options to address each item. This stage includes researching public records and verifying the status of liens, judgments, or unresolved matters that may require curative action. Our assessment provides clients with a practical plan, expected timeline, and an estimate of likely steps to achieve a marketable title.
Document Review and Record Research
Document review and record research involve tracing the chain of title, confirming recording dates, and identifying any discrepancies in instruments or legal descriptions. This step helps detect missing transfers, improper acknowledgments, or other defects that could affect ownership. We also review tax records and county indexes to identify liens or tax issues. Thorough research at the outset helps avoid unnecessary work and clarifies which curative measures are likely to be effective given the local recording environment in Erin and Houston County.
Client Consultation and Strategy Selection
After compiling the findings, we consult with the client to explain the identified issues and recommend a practical strategy for resolution. We discuss the pros and cons of limited versus comprehensive curative work, expected costs, and realistic timelines. The client’s goals, whether immediate closing, long-term transferability, or estate planning, guide the chosen approach. Clear communication about the options ensures the client understands the anticipated steps and authorizes the necessary actions to move forward efficiently.
Curative Actions and Negotiation
Once a strategy is selected, we move forward with the necessary curative steps which may include preparing and recording corrective deeds, obtaining lien releases, drafting affidavits, negotiating with claimants, and coordinating with title insurers for required endorsements. When third parties must be contacted, we handle communications and negotiations to secure cooperation. If a matter cannot be resolved informally, we prepare and file appropriate pleadings to obtain court-ordered relief. Throughout this phase, we keep the client informed and focused on achieving an acceptable and documented resolution.
Obtaining Releases and Corrective Documents
Curative work frequently requires obtaining releases from lienholders, drafting corrective deeds to fix recording errors, and preparing affidavits that clarify facts surrounding past transfers. We draft documents with the recording requirements of Houston County and other Tennessee jurisdictions in mind to ensure they will be accepted by the recorder and title companies. Timely follow-up with parties who must sign these instruments helps prevent unnecessary delays and keeps the transaction on track toward closing or final resolution.
Negotiation with Third Parties and Title Companies
Negotiating with lienholders, former owners, and title companies is often necessary to obtain the documentation needed to clear title. We communicate with these parties to explain the issues and request releases or corrective actions, and we work to reach practical agreements that satisfy closing conditions. When title insurers require specific endorsements, we confirm the language and documentation needed to secure those endorsements. This collaborative approach reduces friction and helps ensure that curative documents meet all parties’ requirements.
Court Filings and Finalization When Needed
If curative issues cannot be resolved through documentation and negotiation, we prepare and file the necessary court proceedings to obtain definitive relief. This may include quiet title actions, petitions to establish heirship, or other pleadings required to settle competing claims. Court involvement provides a final, recordable resolution that title companies and future purchasers can rely upon. After obtaining orders or judgments, we record them and complete any remaining administrative steps so the title becomes marketable and the public record reflects the resolved status.
Preparing Pleadings and Filing Actions
When litigation is necessary, we prepare pleadings tailored to the facts and applicable Tennessee law, draft supporting affidavits, and handle service of process for interested parties. The filings are designed to address the exact nature of the competing claims and to request the specific relief needed to clear the title. We work to present the factual and legal basis for relief in a clear manner that supports obtaining a favorable order from the court that can then be recorded to resolve the defect permanently.
Final Recording and Title Clearance
After obtaining court orders or executing corrective documents, we ensure that all instruments are properly recorded with the county recorder and that title companies receive the documentation needed to update commitments and issue endorsements. Final recording completes the public record, and we confirm that exceptions have been removed or appropriately addressed. This step provides the documented assurance buyers, sellers, and lenders rely on for future transactions and secures the intended resolution for the property’s title.
Frequently Asked Questions About Title Curative Work
What is curative title work and when is it needed?
Curative title work consists of the legal and administrative steps taken to remove clouds or defects from a property’s title so it can be conveyed or financed without unresolved encumbrances. Examples include obtaining recorded releases for liens, preparing corrective deeds to fix recording errors, securing affidavits to clarify past transactions, and arranging for endorsements from title companies once issues are resolved. This work is needed whenever a title commitment or public record reveals items that affect the marketability of title or that a lender or buyer requires be cleared before closing. In many situations, curative work can be accomplished by obtaining the necessary documents and recording them appropriately. When the matter involves competing claims, missing chain of title, or disputes that cannot be resolved through documentation, court proceedings such as a quiet title action may be necessary. The objective is to create a clear, recorded public record that supports transferability and reduces the risk of future claims against ownership.
How long does it take to clear a title defect?
The time required to clear a title defect varies based on the nature of the issue and the cooperation of third parties. Simple matters like obtaining a lien release or re-recording a corrected deed can often be completed in a few days to a few weeks, depending on scheduling and county recording timelines. More complex matters, such as resolving probate issues or negotiating with distant lienholders, can take several weeks or months. Coordination with title companies and lenders also affects timing when their approvals or endorsements are required. If court action is necessary, timelines extend to include filing, service, and court scheduling, which can add months to the process. Early assessment and proactive communication with affected parties tend to shorten the overall timeline. We provide clients with a realistic timeline estimate after reviewing the title commitment and identifying the specific steps needed to reach a resolution.
Will title curative work always require court action?
Not all curative work requires court proceedings. Many title defects can be resolved through documentation, negotiation, and recording corrective instruments. Examples include obtaining releases, executing corrective deeds, or preparing affidavits from parties with direct knowledge. These administrative steps often satisfy title company and lender requirements without involving the courts. The key is determining whether the defect stems from a factual or legal dispute that can be settled by agreement or documentation. Court action becomes necessary when parties cannot be located or will not cooperate, when there are competing claims that cannot be resolved by agreement, or when the chain of title has gaps that require a judicial determination of ownership. In those instances, a quiet title action or similar proceeding provides a definitive, recordable resolution that title companies and lenders will accept.
Does title insurance cover defects found later?
Title insurance policies protect against many hidden defects in the title that were not discovered during the initial search, subject to the policy’s terms and exceptions. If a covered defect emerges later and results in a loss, a title insurance policy typically responds according to its provisions. However, coverage depends on the type of policy and the specific exception cited in the title commitment. Some defects may require prior curative action before an insurer will provide certain endorsements at closing. It is important to review the title commitment and policy carefully to understand what will be covered and what exceptions remain. Title curative work often aims to remove or narrow those exceptions so the title insurance policy can provide broader protection for the insured parties.
What documents are typically needed to correct a recording error?
Correcting a recording error often requires preparing and recording documents that clearly identify and fix the mistake, such as a corrective deed, deed of confirmation, or an affidavit explaining the error and the intended correction. The exact documents depend on the nature of the error, whether it involves a misspelled name, incorrect legal description, or missing acknowledgment. Proper notarization and compliance with county recording requirements are essential to ensure the corrected documents are accepted and effective for curative purposes. Working with the title company to confirm the preferred language and form of the correction helps avoid rework and ensures that the recording satisfies both the recorder and the insurer’s underwriting standards. In some instances, obtaining a court order may be necessary if the error cannot be corrected by agreement among the parties.
Can a quiet title action resolve disputes with unknown heirs?
A quiet title action can be an effective remedy when ownership disputes involve unknown heirs, adverse possession claims, or competing recorded interests that cannot be resolved through documentation alone. The court process provides formal notice to interested parties and a judicial determination of rights, resulting in an order that can be recorded to conclusively establish ownership. This legal remedy is particularly useful when parties are unreachable or when historical records are ambiguous and a definitive public record is required for future transfers or financing. However, quiet title proceedings involve procedural steps such as serving notice and proving facts about ownership, which can extend the timeline. It is often a last-resort but reliable method to achieve a permanent resolution when other curative attempts have failed or when a court determination is the only way to clear the record for marketable title.
How much does title curative work usually cost?
The cost of title curative work depends on the complexity of the issues, the number of documents required, whether third parties must be located or negotiated with, and whether court action is necessary. Simple administrative matters may be resolved at modest cost, while cases that require litigation, extensive research, or coordination across jurisdictions will be more expensive. We provide an assessment after reviewing the title commitment and identifying the likely steps so clients can understand potential costs and make informed decisions about proceeding with curative work. Transparent communication about fees and alternatives is important. We discuss cost-effective options when a limited approach can address necessary closing conditions and explain when a comprehensive plan or court action may justify the higher investment due to the long-term benefits of a fully cleared title.
Can curative work be completed before listing a property for sale?
Yes, curative work can and often should be completed before listing a property for sale, particularly when known title defects could discourage buyers or complicate negotiation. Addressing issues such as unresolved liens, recording errors, or probate concerns beforehand makes the property more marketable and reduces the likelihood of delayed closings. Sellers who invest in resolving title matters proactively often have smoother transactions and fewer last-minute complications during escrow or financing processes. Completing curative steps in advance also helps set clearer expectations for potential buyers and can prevent price reductions or contract contingencies tied to resolving title problems. Early planning and coordination with title companies will help identify the specific steps needed to present the property with a clean title record to prospective buyers.
What should I do if I find a lien on my property during review?
If a lien appears during title review, the first step is to determine its nature, priority, and whether it is valid. Some liens, such as recent mortgage liens, are expected and will be paid or refinanced at closing. Other liens, such as older tax liens or contractor claims, may require negotiation, payoff arrangements, or proof of satisfaction. We work to identify the lienholder, verify the claim, and pursue the most efficient means to remove or subordinate the lien so the transaction can proceed. Communication with the lienholder to obtain a release or payoff statement is often required. In some cases, resolving a lien may involve escrow arrangements at closing, obtaining lien releases, or conducting a settlement to clear the obligation. If a lien is invalid or improperly recorded, legal steps may be taken to contest and remove it from the public record.
How do title companies determine which exceptions must be cleared?
Title companies determine which exceptions must be cleared by reviewing the title commitment and identifying matters that would prevent the issuance of a policy or that the lender requires be addressed for coverage. Exceptions commonly include existing liens, unreleased mortgages, recorded judgments, and certain easements. The title company evaluates the risk presented by each exception and indicates those that must be resolved or that can be accepted with an exception on the policy. Lender requirements also influence which items must be cleared for loan approval. Close coordination with the title company is important to understand the precise documentation or endorsements they require. Once curative steps satisfy those requirements, the title company can update the commitment and issue the necessary policy coverage for the transaction to proceed.