Comprehensive Guide to Title Review and Curative Work for Knoxville Property Owners
Title review and curative work are essential steps when buying, selling, or refinancing property in Knoxville. A careful review of the title can reveal liens, easements, missing signatures, clerical errors, or gaps in the chain of ownership that could affect your rights or the marketability of the property. The curative process addresses these defects through document preparation, quiet title actions, lien resolution, and other legal remedies. For homeowners, investors, and lenders, understanding how title issues are identified and corrected helps avoid delays in closing, unexpected costs, and disputes after transfer. This guide explains what to expect during review and curative procedures in Tennessee.
When you encounter a title issue in Knox County, the options for resolution vary based on the nature of the defect and the parties involved. Some issues can be resolved quickly with corrective deeds, affidavits, or releases. Others may require filing a lawsuit, obtaining a court order, or negotiating with creditors. Timely action during the title review phase reduces the chance of complications later. Property owners should gather relevant documents, communicate clearly with the title company and lender, and consider legal support to develop a practical plan for curative steps tailored to the specific defect and the desired outcome for the transaction.
Why Title Review and Curative Work Matter for Knoxville Real Estate
Conducting a thorough title review and pursuing necessary curative work brings certainty to real estate transactions by clarifying ownership, removing clouds on title, and reducing future legal exposure. Clearing defects ensures that buyers receive marketable title, lenders obtain enforceable security, and sellers avoid post-closing claims. The process protects property value and preserves the parties’ ability to transfer or finance real estate in the future. In Knoxville’s competitive market, resolving title issues before closing helps transactions proceed smoothly, minimizes closing delays, and avoids the expense and stress of litigating ownership disputes after a sale or refinance.
About Jay Johnson Law Firm and Our Real Estate Practice
Jay Johnson Law Firm serves homeowners, buyers, sellers, and lenders in Knoxville and throughout Tennessee. Our practice focuses on delivering practical legal solutions for real estate matters including title review, curative actions, closings, and dispute resolution. We work closely with title companies, lenders, and real estate professionals to identify defects early and recommend efficient pathways for resolution. The firm places a premium on clear communication and careful documentation so clients understand the options and potential outcomes. Call our Hendersonville office to discuss a specific title concern or to identify the best next steps for your property transaction.
Title review begins by examining the chain of title and public records to identify issues that could affect ownership or marketability. Review includes searching deeds, liens, mortgages, probate records, easements, judgments, and other recorded instruments. Curative work refers to the legal and administrative steps taken to correct or remove defects, such as preparing corrective deeds, obtaining releases from creditors, or filing quiet title actions. In many cases, title companies will issue a commitment indicating exceptions; curative efforts focus on addressing those exceptions so that a title insurance policy can be issued without significant exclusions or impediments to closing.
The approach to curative work depends on the type and severity of the defect. Some defects can be fixed through agreed documents between parties, while others require court intervention or the cooperation of third parties who hold liens or claims. Timing also matters: resolving title issues before escrow or closing reduces delays. Working with an attorney who understands local recording practices and Tennessee property law can streamline the process, assist in negotiating releases or settlements, and ensure that remedial documents are properly drafted and recorded to protect future owners and lenders.
Definition and Basics of Title Defects and Curative Steps
A title defect is any issue in the public record or chain of ownership that raises doubt about a party’s right to transfer or hold property. Examples include missing heirs, omitted signatures, errors in legal descriptions, unreleased mortgages, recorded liens, and claims arising from probate estates. Curative steps are the legal remedies and recorded instruments used to eliminate or limit those clouds on title. Remedies might include deeds of correction, indemnity agreements, subordination or release deeds, affidavits explaining past transactions, and, when necessary, judicial actions to quiet title or clear adverse claims so the property can be conveyed with confidence.
Key Elements and Typical Processes in Title Curative Work
The curative workflow generally follows a pattern: identify the defect through title search, evaluate its legal effect, develop options for cure, obtain necessary signatures or releases, prepare corrective documents, and record the instruments to clear the public record. Communication with the title company and lender is important to determine which remedies will satisfy underwriting requirements. When third-party claims are involved, negotiation or settlement may be required. If negotiation fails, a quiet title or similar court action may be filed to resolve ownership questions and provide a court-ordered resolution that can be recorded and relied upon by future stakeholders.
Key Terms and Glossary for Title Review and Curative Work
Understanding common terms helps property owners and agents navigate title issues. Terms like deed, lien, easement, chain of title, commitment, exception, release, and quiet title describe the instruments and processes involved. A clear grasp of these definitions makes it easier to evaluate title commitments and know what curative documents may be necessary. If unfamiliar terms appear in a title report, ask the title company or your attorney for plain-language explanations. Knowing the terminology helps you make informed decisions about risk allocation and which remedies will remedy exceptions to issuance of a standard title insurance policy.
Deed
A deed is the recorded instrument that transfers ownership of real property from one party to another. Deeds contain the legal description, the names of the parties, and signatures required by Tennessee recording requirements. Errors in deeds, missing signatures, or ambiguous descriptions can create defects that cloud title. In curative work, deeds may be corrected through corrective deeds or affidavits of reformation. Proper recording of deeds and any corrective instruments is essential to maintain an accurate chain of title and provide notice to subsequent purchasers or lenders who review the public record.
Lien
A lien is a legal claim against property used to secure payment of a debt or obligation, such as a mortgage, judgment, or tax lien. Liens appear in public records and can prevent transfer of clear title until they are released or subordinated. Curative work involving liens may include obtaining lien releases, negotiating payoffs, or obtaining court orders when parties are unavailable or refuse to cooperate. Resolving liens is often a priority to ensure the property can be sold or refinanced without unexpected liabilities attaching to the title after closing.
Easement
An easement is a recorded right that allows another party to use a portion of the property for a specific purpose, such as access or utilities. Easements affect property rights and may limit development or use. Title review identifies recorded easements so buyers understand restrictions or obligations. Curative measures may clarify the scope of an easement, confirm its release, or document agreements about maintenance and access. Depending on the project, sellers or buyers may negotiate easement modifications or obtain written agreements to address concerns before a transaction proceeds.
Quiet Title
A quiet title action is a judicial proceeding used to resolve competing claims to property and to obtain a court decree confirming ownership free of adverse claims. When recorded defects cannot be resolved through negotiated releases or corrective deeds, a quiet title lawsuit may be the appropriate path to remove clouds on title. The court examines evidence of ownership and makes a binding determination that can be recorded, providing future purchasers and lenders with a clear record. Quiet title is often used when parties cannot be located or when title defects affect chain of ownership.
Comparing Limited Remedies and Comprehensive Curative Strategies
Deciding between targeted curative steps and a comprehensive legal strategy depends on the nature of the defect, timelines, and risk tolerance. Limited remedies such as corrective deeds, releases, or affidavits may be quicker and less costly when parties cooperate and defects are straightforward. Comprehensive strategies, including negotiated settlements, title endorsements, and court actions, may be necessary for complex defects, multiple claimants, or when a title insurer requires a legal resolution. Evaluating costs, closing schedules, and potential future liabilities helps determine which approach best protects the client’s interests in the short and long term.
When a Limited Curative Approach Is an Appropriate Choice:
Minor Clerical Errors and Omitted Signatures
Minor clerical errors, such as typos in a legal description or a missing signature on a deed, are often resolved with corrective documents and a notarized affidavit explaining the error. When the missing party can be located and agrees to sign a corrective deed, the title can typically be cleared without court involvement. The title company and lender will review the proposed corrective paperwork to ensure it satisfies underwriting requirements. Using targeted remedies in these situations reduces cost and delay while effectively restoring a clear chain of title for the transaction to proceed.
Agreed Liens or Releases from Known Creditors
When a recorded lien stems from a known creditor or lender who is willing to provide a release or payoff statement, curative work can focus on obtaining and recording that release. Title companies often require documentary proof that the lien was satisfied before issuing insurance free of that exception. Negotiating a payoff or obtaining a release avoids litigation and can clear title promptly if the creditor cooperates. These cooperative resolutions are typically more efficient and less expensive than pursuing judicial remedies and help keep closings on schedule.
When a Comprehensive Legal Strategy Is Advisable:
Missing Parties or Disputed Ownership Claims
When potential owners cannot be located or when multiple parties assert competing claims, a comprehensive curative plan may be required. This often involves conducting additional title and probate research, serving notice on interested parties, and filing a quiet title action to obtain a judicial determination of ownership. Court proceedings provide a final resolution that can be recorded and relied upon by future purchasers and lenders, which is particularly important when earlier records are unclear, heirs are unknown, or when adverse claims present a significant risk to marketability of title.
Complex Liens, Boundary Disputes, or Fraudulent Documents
Complex title problems such as forged or fraudulent deeds, boundary disputes, or multiple unresolved liens often require a thorough legal approach that may include litigation, forensic document review, and coordinated negotiation with multiple parties. Resolving these issues can demand court intervention to set aside invalid instruments, quiet title, or otherwise clear the record. A comprehensive strategy also anticipates potential challenges to any proposed cure and builds supporting documentation and legal arguments to withstand scrutiny from title insurers, lenders, and future purchasers.
Benefits of Taking a Comprehensive Curative Approach
A comprehensive approach to curative work reduces the risk of future disputes by addressing not only the immediate defect but also related issues that could surface later. Court-ordered resolutions and properly recorded corrective documents provide a durable public record that protects buyers and lenders. This diligence often results in broader title insurance coverage and greater confidence in the transaction. Although more resource-intensive initially, the comprehensive route can prevent costly litigation and title claims after closing, preserving property value and ensuring smoother ownership transitions in the years ahead.
Comprehensive curative work also supports more predictable timelines for complex transactions by setting clear steps and legal milestones. When multiple claimants, unsettled probates, or fraudulent instruments exist, a structured legal plan avoids piecemeal fixes that may leave lingering vulnerabilities. By resolving interconnected issues together, clients obtain a cleaner record, reduced future liabilities, and clearer pathways to refinance or sell. This approach often results in stronger protection from title insurability concerns and improved marketability for the property over time.
Improved Marketability and Lender Confidence
Clearing title defects through a comprehensive plan increases the likelihood that a title insurer will issue a policy without significant exceptions, which in turn reassures lenders and future buyers. A clean record supports financing approvals and may help transactions close without last-minute underwriting objections. Marketability improves when potential purchasers can review recorded court orders, releases, or corrected deeds that remove uncertainty. That transparency reduces the risk premium buyers and lenders might otherwise apply, facilitating smoother transfers and broader access to financing options for the property.
Long-Term Protection Against Future Claims
Addressing title defects comprehensively provides long-term protection by creating a public record that minimizes the chance of future disputes. Court decrees, properly executed releases, and accurately recorded corrective deeds impose legal barriers to later claims. This reduces the likelihood of costly claims against buyers or lenders years after a transaction. Property owners gain peace of mind that the title has been addressed in a way designed to withstand scrutiny and protect the chain of ownership, making future sales and transfers more predictable and less risky for all parties involved.
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Pro Tips for Handling Title Review and Curative Work
Start Title Review Early
Initiating a thorough title review as early as possible in the transaction timeline gives you time to identify and address issues without jeopardizing the closing date. Early review allows time to obtain missing documents, secure releases, and negotiate solutions. It also enables the title company and lender to outline underwriting requirements that any cure must satisfy. Proactive timing reduces stress, helps allocate resources effectively, and prevents costly last-minute legal interventions that can delay or derail a closing.
Gather Relevant Documentation
Communicate with Title Company and Lender
Maintaining clear communication with the title company and lender throughout the curative process ensures that any proposed fixes meet underwriting standards. Title companies can clarify which exceptions will prevent issuance of standard title insurance, while lenders can state conditions for funding. Regular updates and shared documentation help align expectations and expedite approvals. Open lines of communication also make it easier to coordinate recording steps and confirm that corrected documents have been recorded properly, avoiding surprises at closing and ensuring the transaction proceeds as planned.
Why Knoxville Property Owners Use Title Review and Curative Services
Property owners, buyers, and lenders turn to title review and curative services to ensure transactions are legally sound and marketable. These services protect against unexpected liens, errors in recorded documentation, and claims from unknown heirs or encumbrances that can arise later. For sellers, addressing defects prior to listing avoids post-closing disputes and potential liability. For buyers and lenders, confirming clear title minimizes investment risk and supports financing. In short, title review and curative work provide the documentation and legal remedies needed to secure reliable property ownership and reduce future legal exposure.
Another reason to consider curative services is to preserve property value and resale potential. Even minor defects can complicate refinancing, delay sales, or require costly last-minute fixes. Addressing title concerns proactively gives parties confidence that the property can be transferred or encumbered without hidden problems. Additionally, resolving defects before closing can often be less expensive than litigating after a sale. For owners who plan renovations, subdivisions, or development, ensuring clear title is foundational to moving forward with those projects and avoiding impediments tied to past transactions.
Common Situations That Require Title Curative Work
Several common scenarios trigger the need for title curative work. These include discovering unreleased mortgages or liens during a title search, identifying errors in recorded legal descriptions, finding claims from heirs after a probate, encountering forged or improperly executed documents, and uncovering recorded easements that limit intended use. Each circumstance demands a tailored response: from obtaining releases to filing court actions. Recognizing the pattern early and choosing an appropriate resolution method helps protect the transaction and the property’s future marketability.
Unreleased Mortgages or Judgment Liens
Finding an unreleased mortgage or judgment lien during the title search can block a sale or refinance until the lienholder provides a release. Addressing these liens typically involves obtaining payoff statements or negotiating settlements, confirming satisfaction in writing, and recording releases. If the lienholder cannot be located, additional steps such as a court order may be required. Prompt attention to these matters prevents delays at closing and reduces the risk that a new owner will take title subject to an undisclosed debt.
Errors in Deeds or Legal Descriptions
Errors in recorded deeds or legal descriptions can cause ambiguity about the boundaries or ownership of the property. Corrective deeds, affidavits, and, in some cases, updated surveys may be needed to resolve these errors. The curative process ensures the public record accurately reflects the intended transfer and description of the property. Depending on the error, parties may need to coordinate with surveyors and neighboring property owners to confirm boundaries before recording corrective instruments that remove concerns about interpretation or future disputes.
Probate-Related Claims and Unknown Heirs
When a property owner dies without clear conveyance or when heirs are unknown, claims against title can arise during a transaction. Resolving these issues may involve probate research, notifying interested parties, and obtaining releases or court orders establishing clear ownership. A quiet title action or other probate-related filings can provide legal clarity and protect subsequent purchasers. Early identification of potential heirship issues allows parties to choose the most effective route for resolution and reduces the chance of contested claims after closing.
Local Representation for Knoxville Title Matters
Jay Johnson Law Firm provides legal support for title review and curative work in Knoxville and Knox County. Our approach emphasizes prompt communication, careful review of recorded documents, and practical recommendations that align with the title company’s underwriting requirements. We assist in preparing corrective deeds, negotiating releases, coordinating with lenders and title officers, and pursuing court actions when necessary. Our goal is to deliver timely solutions that address defects and allow transactions to move forward with a clear and reliable title record for buyers and lenders alike.
Why Choose Jay Johnson Law Firm for Title Review and Curative Work
Selecting legal support for title issues is about finding a firm that understands local recording practices, title company expectations, and Tennessee property law. Jay Johnson Law Firm offers focused attention to the details that matter in curative work, including accurate drafting, proper notarization, and timely recording of corrective documents. We coordinate with lenders and title companies to confirm that the proposed remedies will satisfy underwriting standards. This practical orientation helps protect the transaction timeline while addressing the legal steps required to restore marketable title.
Clients working with our firm benefit from clear explanations of options and likely outcomes based on local practice and precedent. We tailor curative strategies to the facts of each matter, whether that means preparing corrective deeds, obtaining releases, negotiating settlements, or initiating court proceedings. Our aim is to provide solutions that prioritize closing on time and securing reliable title for the parties involved. We also help clients understand associated costs and timing so they can make informed decisions throughout the curative process.
When coordination among multiple parties is required, our team helps manage communications and document flow so everyone involved understands the legal steps and recording requirements. By working closely with title companies, lenders, surveyors, and other necessary professionals, we keep the process organized and focused on achieving a recorded resolution. Whether the matter is routine or complex, clients receive practical guidance to clear title and proceed with confidence in their real estate transactions throughout Knoxville and Knox County.
Contact Our Knoxville Office to Discuss Title Concerns
How We Handle Title Review and Curative Work
Our process begins with a detailed review of the title commitment and supporting public records to identify exceptions and the underlying causes. Next, we evaluate practical options for resolution and discuss them with the client, title officer, and lender. We prepare the necessary documents, request releases, or initiate negotiations. If a court action is required, we file the appropriate pleadings and pursue a judicial remedy. Throughout, we coordinate recording and confirm that the title company can issue the required policy once curative steps are complete.
Step One: Initial Title Review and Risk Assessment
The first step involves examining the title commitment, reviewing recorded instruments, and assessing the legal and practical significance of each exception. We identify priority issues that could prevent closing and outline a recommended path forward. This assessment includes determining whether third parties are involved, whether releases can be obtained, and whether litigation is likely to be necessary. A clear assessment helps clients understand timelines, costs, and the likelihood of achieving a marketable title before proceeding with curative actions.
Reviewing the Title Commitment and Recorded Instruments
We carefully review the title commitment’s exceptions and all referenced documents to understand the scope of any defects. This includes examining deeds, mortgages, liens, easements, judgments, and probate records. Identifying missing or ambiguous information early enables us to recommend focused remedies. We also verify whether the title company’s requirements are practical and achievable within the client’s timeline. This document-driven approach prevents overlooked issues that could surface later and ensures curative efforts are targeted and effective.
Assessing Parties, Timelines, and Likely Remedies
After reviewing records, we assess which parties must be contacted and whether they are readily locatable. We estimate realistic timelines for obtaining releases, drafting corrective deeds, or pursuing litigation if necessary. This assessment allows clients to weigh costs against the need for a swift closing. When possible, we recommend remedies that align with the title company’s underwriting while minimizing expense and delay. For more complex situations, we prepare a staged plan that addresses immediate obstacles and maps out any court actions that may be required.
Step Two: Negotiation, Documentation, and Recording
Once a plan is selected, we begin negotiating with lienholders, heirs, or other interested parties to obtain releases or corrective agreements. We draft the necessary instruments such as corrective deeds, releases, affidavits, or settlement agreements, and ensure proper execution and notarization. Recording the documents in the appropriate county is completed promptly, and we confirm with the title company that the recorded instruments satisfy the exceptions listed in the title commitment. This step is designed to produce the clear documentation needed to support issuance of the title policy.
Negotiating Releases and Settlements
Our team contacts lienholders or claimants to negotiate payoffs or releases necessary to clear the record. This may involve coordinating payoffs with lenders, obtaining lien releases, or settling claims with heirs or contractors. We document all agreements in writing and prepare the instruments for recording. Negotiation aims to reach a documented resolution that can be recorded and relied upon by the title company, facilitating issuance of insurance and allowing the transaction to proceed without lingering concerns about unaddressed claims or encumbrances.
Preparing and Recording Corrective Documents
After agreements are reached, we draft the necessary corrective instruments with careful attention to Tennessee recording requirements. Proper notarization and accurate legal descriptions are verified to avoid further challenges. Documents are recorded in the county where the property is located and proof of recording is obtained. We then coordinate with the title company to confirm that the exceptions have been removed or appropriately addressed, enabling the title insurer to issue the desired policy and ensuring that the public record reflects the corrected state of title.
Step Three: Litigation and Judicial Remedies When Needed
If negotiations and record remedies are insufficient, we prepare for litigation to obtain a judicial determination through actions such as quiet title, declaratory relief, or other property-related proceedings. Court involvement can provide a definitive resolution and a recorded decree that clears the record. Litigation steps include filing pleadings, conducting discovery, presenting evidence of ownership or transaction history, and seeking a court order that can be recorded. While more time-consuming and costly, judicial remedies are sometimes the only reliable path to restore confidence in title.
Filing Quiet Title or Declaratory Actions
When parties cannot agree or cannot be located, filing a quiet title action seeks a judicial determination of ownership to eliminate competing claims. The court examines historical records and evidence to determine the rightful titleholder and issues a decree that can be recorded. This remedy is particularly useful when heirs, adverse claimants, or defective instruments affect the chain of title. A court-based resolution creates a durable public record that supports future transfers and title insurance issuance.
Enforcing or Setting Aside Recorded Instruments in Court
In cases involving fraudulent or improperly executed documents, the court may be asked to set aside or reform recorded instruments. This may involve proving forgery, lack of capacity, or procedural defects in the signing or recording of documents. Court orders can nullify invalid recordings and provide legal clarity for the affected property. Successful actions are recorded to update the public record, removing clouds and ensuring subsequent purchasers and lenders do not inherit unresolved legal complications tied to invalid instruments.
Frequently Asked Questions About Title Review and Curative Work
What is a title commitment and why does it matter?
A title commitment is the document a title company issues after researching public records that outlines the conditions under which it will insure title. It lists exceptions and requirements that must be addressed before a standard title insurance policy will be issued. For buyers and lenders, the commitment highlights potential problems such as liens, easements, or missing conveyances that could impede closing. Reviewing the commitment early helps identify curative tasks and informs negotiations between buyers, sellers, and lenders. If the commitment lists exceptions, those items either need to be satisfied or otherwise addressed through curative documents, endorsements, or court orders. The title commitment sets the scope of the curative work and the requirements the title company will follow when issuing the final policy once corrective steps are completed and properly recorded.
How long does curative work usually take?
The timeline for curative work varies considerably based on the complexity of the defect and whether third parties cooperate. Simple issues like clerical errors or a willing creditor’s release can often be resolved in a matter of days to weeks. When multiple parties must be located or when negotiation is required, the process may extend over several weeks or months. If court action is necessary, timelines can lengthen significantly depending on the court docket and steps required for notice and service. Beginning the title review early and promptly providing requested documentation can shorten the timeframe. Clear communication with the title company and lender helps coordinate expectations and can prevent delays. We work to provide realistic timeline estimates based on the facts of each case and to move efficiently toward recording the necessary curative instruments.
Can all title defects be fixed without going to court?
Many title defects can be resolved without court intervention through corrective deeds, releases, affidavits, or negotiated settlements. When parties are cooperative and records are available, curative documents can be prepared, signed, and recorded to remove exceptions. Title insurers often accept these documentary remedies when they meet underwriting standards. For less complex defects, this approach is faster and less costly than litigation. However, not all defects are amenable to documentary cure. If parties cannot be located, if claims are disputed, or if documents appear fraudulent, a judicial remedy like a quiet title action may be necessary. Court orders provide a definitive resolution that can be recorded and relied upon by future buyers and lenders, which is sometimes the most reliable path to clear title.
Will title insurance cover title defects discovered later?
Title insurance protects against covered losses caused by title defects that existed at the time the policy was issued but were not discovered in the title search. The scope of coverage depends on the policy type and any exceptions listed on the commitment or policy. If a covered defect later causes a loss, the title insurer may defend the insured party or pay covered damages according to policy terms. It is important to review the policy carefully to understand what is and is not covered. Title insurance does not substitute for curative work when defects prevent issuance of a policy in the first place. The insurer may require that certain defects be resolved before issuing a standard policy. In some cases, the insurer may agree to issue exceptions or endorsements rather than requiring full curative action, depending on the circumstances and assessed risk.
What happens if an heir shows up after closing?
If an heir appears after closing claiming an interest in the property, the nature of the claim and any applicable title insurance will influence next steps. Title insurance may cover some claims arising from undisclosed heirs, subject to policy terms and exceptions. The insurer might defend the insured against the claim or provide indemnity if the claim is covered. If the claim is valid, options may include negotiating a settlement, obtaining releases from the heir, or pursuing litigation to resolve the claim and clear title. Early notification to the title company and counsel helps coordinate a response that protects the buyer’s interests. Gathering documentation about prior transfers, probates, and recorded instruments is essential to assessing the claim and determining whether a curative remedy, indemnity from insurance, or court action is the appropriate path forward.
How much will curative work cost?
The cost of curative work depends on the nature of the defect and the actions required to resolve it. Simple administrative corrections and releases can be relatively inexpensive, involving document preparation and recording fees. More complex matters that require negotiation with multiple parties or litigation will cost more due to legal fees, court costs, and potentially expert or surveyor fees. Title companies sometimes share in the cost of certain curative steps when underwriting demands it, but parties should anticipate out-of-pocket expenses for thorough resolution. We provide an initial assessment to outline likely remedies and a cost estimate based on the client’s priorities and the anticipated scope of work. When litigation may be required, we discuss budget considerations and phased approaches that address immediate transaction needs while planning for longer-term resolution where appropriate.
Do I need a survey to resolve a boundary or description issue?
A survey can be helpful or necessary when title issues involve boundary questions or ambiguous legal descriptions. A current survey clarifies property lines, identifies encroachments, and provides an accurate legal description for corrective deeds. In many transactions, lenders or title companies request a survey to confirm the physical boundaries and to identify possible encumbrances affecting use or improvements. A well-drafted survey supports curative documentation and reduces disputes about measurement or boundaries going forward. When a legal description is vague, a surveyor’s input may be critical to drafting a corrective deed that reflects the intended property. If boundary disputes exist, a survey often forms part of the evidence used in negotiation or litigation. We coordinate with qualified surveyors when their involvement will facilitate a reliable and recorded curative solution.
What is a corrective deed and when is it used?
A corrective deed is a document used to fix errors in a previously recorded deed, such as typographical mistakes, incorrect names, or inaccurate legal descriptions. It is drafted to reflect the true intent of the parties and recorded to update the public record. Corrective deeds must be executed and notarized according to Tennessee requirements, and they should clearly reference the original instrument they correct. Proper drafting and recording remove ambiguity and support the issuance of title insurance free of the original defect. Corrective deeds are used when the parties who executed the original deed are available to execute the corrected instrument. When signatories cannot be located, alternative remedies such as affidavits or court action may be required. The choice of remedy depends on the facts and the title company’s underwriting preferences.
Can a lender require certain curative actions before funding?
Yes, lenders commonly require certain curative actions before funding, especially if the title commitment lists liens, unresolved claims, or other exceptions that affect collateral value. Lenders want assurance that their security interest is enforceable and that no undisclosed encumbrances will take priority. Title insurers also set conditions for issuing lender and owner policies; satisfying those conditions is typically a prerequisite to funding. Addressing lender requirements early prevents funding delays and aligns expectations between the borrower, lender, and title company. When lender conditions arise, we coordinate with the lender to confirm what documentation will satisfy underwriting. This may include recorded releases, corrected deeds, or court orders. We work to meet lender timelines while ensuring the curative steps provide lasting protection for both the borrower and the lender.
How do I start the title curative process with your firm?
To start the title curative process with our firm, contact our office with the title commitment, any recorded documents you have, and a summary of the transaction timeline and priorities. We will review the commitment and advise on the most efficient plan to address exceptions. An initial consultation allows us to outline possible remedies, estimate costs, and set realistic timelines for resolution based on the facts of the matter. Once retained, we coordinate with the title company and other parties, prepare the necessary documents, and manage communications to move the curative work forward. If litigation is required, we discuss procedural steps and milestones so you know what to expect at each stage of the process.