Comprehensive Guide to Title Review and Curative Work for Loretto Property Transactions
Buying, selling, or refinancing real estate in Loretto requires a thorough title review and, when necessary, curative work to clear defects that could affect ownership or transferability. At Jay Johnson Law Firm, we help clients identify issues such as unresolved liens, recorded errors, missing signatures, chain of title gaps, and misfiled documents. A careful title review reduces the chance of future disputes and ensures that ownership rights are properly transferred. This initial step is essential for preserving the value of your property and protecting your interests in every real estate transaction locally and across Tennessee.
Title curative work involves the legal steps needed to correct errors or defects discovered during a title review so the property can be sold, mortgaged, or inherited without unexpected legal hurdles. Curative actions might include preparing affidavits, obtaining quiet title actions, re-executing or re-recording documents, or negotiating resolution of outstanding claims. Our firm focuses on practical solutions that resolve defects efficiently and maintain your transaction schedule. We coordinate with title companies, lenders, and other parties to address issues promptly and help move closings forward with confidence for buyers and sellers alike.
Why Title Review and Curative Work Matter for Your Loretto Property
A thorough title review and appropriate curative measures protect both current and future owners from unexpected litigation or financial loss. Clearing title defects ensures lenders will fund loans, buyers receive marketable title, and heirs can transfer property without delay. Addressing problems early reduces closing delays and can prevent clouded ownership that impacts property value. In Loretto’s market, resolving liens, boundary discrepancies, or recording mistakes before they escalate preserves transaction timelines and reduces the risk of costly disputes, giving property owners and purchasers peace of mind when completing important real estate transactions.
About Jay Johnson Law Firm and Our Approach to Title Issues
Jay Johnson Law Firm serves clients throughout Tennessee with a practical, client-focused approach to real estate matters, including title review and curative work. Our team works closely with local title companies, lenders, surveyors, and registries to identify and resolve issues efficiently. We prioritize clear communication, timely updates, and strategies designed to keep transactions on track. The firm represents buyers, sellers, and lenders in a wide range of real estate matters, tailoring curative plans to each situation and focusing on legal solutions that protect property rights and enable successful closings across Lawrence County and neighboring areas.
Understanding Title Review and Curative Work
Title review is the process of examining public records, deeds, liens, easements, and other documents to determine who holds legal title and whether there are any encumbrances or defects that could interfere with transfer. Curative work addresses problems identified during that review so title can be made marketable. This process often requires legal research, drafting corrective instruments, coordinating recordings, and sometimes initiating court proceedings to resolve ownership disputes. For anyone involved in a Loretto property transaction, understanding these steps helps manage expectations and plan for the time and actions required to obtain clear title.
The mechanics of curative work vary depending on the defect. Simple issues might be fixed by obtaining missing signatures, securing releases for liens, or submitting corrected documents to the register of deeds. More complex matters could require legal affidavits, stipulations, or quiet title actions filed in court to resolve competing claims. Because each property’s history is unique, curative strategies are tailored to the specific conditions revealed by the title review. Effective coordination with all parties involved is essential to complete curative tasks while minimizing disruption to the transaction timeline.
What Title Curative Work Entails
Title curative work means the legal steps taken to correct or remove defects that prevent a title from being marketable. Common defects include outdated lien records, clerical errors in deeds, missing signatures, unresolved probate issues, or ambiguous boundary descriptions. Curative remedies may involve preparing corrective deeds, lien releases, affidavits of heirship, or filing actions to quiet title. The goal is to provide a clean chain of title so a buyer or lender can rely on the ownership record. Properly executed curative work closes gaps that might otherwise derail a sale or financing.
Key Elements and Processes in Title Review and Curative Work
A comprehensive review includes examining the chain of title, outstanding liens and judgments, easements, encroachments, and any recorded or unrecorded interests. The process typically begins with a title commitment or preliminary report from a title company, followed by attorney review to spot issues. Curative work then prioritizes tasks by urgency and complexity, from obtaining releases and corrected recordings to negotiating settlements or preparing litigation when necessary. Clear documentation, timely filings, and coordination with registries and other stakeholders are essential to restore marketable title and keep closings on schedule.
Key Terms and Glossary for Title Review and Curative Work
Understanding common terms helps property owners and transaction participants follow the title review and curative process. This glossary explains words frequently used in title reports and curative plans, such as liens, encumbrances, chain of title, quiet title actions, and releases. Knowing these concepts makes it easier to assess recommended remedies and the timeframes they may require. When documents are unclear or issues appear in the public record, clear definitions support informed decisions about whether to pursue corrective measures or alternative solutions in order to complete a transaction successfully.
Chain of Title
Chain of title refers to the chronological record of transfers and other documents affecting ownership of a property. It shows how ownership passed from one party to another over time and reveals potential breaks or irregularities that could challenge current ownership claims. A complete and properly recorded chain of title is essential to demonstrate marketable title. When gaps or unclear transfers appear, curative work aims to address them through corrected recordings or legal instruments that clarify historical ownership and restore confidence for buyers and lenders moving forward.
Lien
A lien is a legal claim against property to secure payment of a debt or obligation, such as a mortgage, tax debt, or judgment. Liens can prevent sale or refinancing until they are resolved. Curative work may involve obtaining lien releases, paying off obligations, or negotiating satisfaction agreements to remove the encumbrance from the title. Properly addressing liens during the title review protects buyers and lenders from inheriting unexpected obligations and ensures that ownership transfers free of recorded financial claims that could otherwise affect the property’s marketability.
Quiet Title Action
A quiet title action is a court proceeding used to resolve disputes or ambiguities about ownership and to establish a clear, undisputed title. This remedy is often pursued when competing claims or historical defects cannot be resolved through simple corrective documents. The court examines evidence and issues a judgment that clarifies ownership and removes clouds on title. While this option takes more time, it provides a definitive resolution and is sometimes the only way to secure marketable title when other curative measures are insufficient.
Affidavit of Heirship
An affidavit of heirship is a sworn statement used to document the heirs of a deceased person when a formal probate record is missing or incomplete. This document can establish who is entitled to inherit property and can be recorded to support a transfer of title. When intestate deaths or missing probate records cloud a chain of title, an affidavit of heirship accompanied by supporting documentation can be part of a curative plan to clarify ownership and enable sale or financing of the property.
Comparing Limited vs. Comprehensive Title Solutions
When addressing title issues, parties can choose more limited, document-focused fixes or pursue a comprehensive approach that resolves all possible defects. Limited actions may be quicker and less costly when issues are straightforward, such as obtaining a missing signature or releasing a small lien. Comprehensive approaches aim to uncover and address deeper problems that could create risk down the road, such as ambiguous boundary descriptions or unresolved inheritance questions. The right path depends on the transaction’s urgency, the complexity of defects, and the parties’ tolerance for residual risk going forward.
When a Targeted Title Fix Is Appropriate:
Simple Clerical or Recording Errors
A targeted, limited approach may be sufficient when title issues are primarily clerical or relate to recording errors that can be corrected quickly. Examples include misspelled names, incorrect dates, or improperly recorded deeds that require re-recording or corrected instruments. In such cases, the curative work mostly involves preparing the corrected documents, obtaining required signatures, and coordinating with the register of deeds to update public records. These fixes typically conclude without court involvement and can allow the transaction to move forward with minimal delay.
Isolated Financial Encumbrances
A limited approach may also be appropriate when there are isolated financial encumbrances that can be resolved through payoffs or releases. If a single lien appears and the responsible party will provide a release or the debt can be satisfied before closing, curative work is often straightforward. Coordination with the lienholder, lender, and title company typically resolves these matters. This path reduces cost and time compared to broader remedies, provided no additional underlying title defects are discovered during review and recording updates proceed smoothly.
When a Broader Curative Strategy Is Advisable:
Complex Ownership or Inheritance Issues
Comprehensive curative work is often necessary when title defects stem from complex ownership histories, missing probate records, or multiple competing claims that cannot be resolved by simple documents. Situations involving intestate decedents, disputed conveyances, or long gaps in recorded transfers typically require deeper legal research and coordinated filings. Such matters may demand affidavits, negotiated settlements, or court actions to definitively clear title. A broader approach addresses underlying causes to prevent future disputes and stabilize the chain of title for buyers and lenders.
Boundary, Easement, or Survey Discrepancies
Boundary disputes, unclear easement rights, and survey discrepancies may require a comprehensive plan to resolve. Curative steps might include ordering or reviewing new surveys, negotiating easement clarifications with neighboring owners, drafting boundary line agreements, or filing actions to quiet title to settle competing claims. These processes often involve coordination with surveyors and neighboring property owners and may require litigation when agreements cannot be reached. Comprehensive resolution ensures these encumbrances are addressed in a way that supports long-term marketability.
Benefits of Choosing a Thorough Curative Strategy
A comprehensive curative strategy reduces the likelihood of future ownership disputes and provides stronger assurance to buyers, sellers, and lenders that the title is marketable. By addressing both obvious defects and potential hidden issues, comprehensive work decreases the chance that new claims will surface after closing. This approach can increase buyer confidence, improve the property’s transferability, and prevent delays that arise from undisclosed problems. For many transactions, investing time upfront in a complete resolution avoids greater costs and uncertainty later on.
In addition to legal clarity, a thorough approach helps streamline closings by proactively resolving obstacles that might cause last-minute delays. Title companies and lenders are more likely to proceed when curative measures are documented and completed. Comprehensive curative work also protects sellers from post-closing challenges and buyers from inheriting unresolved claims. Ultimately, this level of preparation supports smoother transactions, preserves property value, and provides a clearer path forward for future sales or financing of the property in Loretto and surrounding Tennessee communities.
Improved Marketability and Lender Confidence
Comprehensive curative work enhances a property’s marketability and increases lender confidence, which can be critical for securing financing and completing sales without delay. When title defects are fully addressed and documented, title insurers are more likely to issue favorable commitments and lenders can proceed knowing the collateral is clear. Buyers gain assurance that ownership interests are protected, and sellers avoid the risk of future claims that might arise from unresolved defects. This clarity supports smoother transactions and can expedite closings by reducing the need for last-minute remediation.
Reduced Future Legal and Financial Risk
By resolving both present and potential title issues, a comprehensive approach reduces the likelihood of future legal disputes that could lead to costly litigation or lien claims. Taking corrective measures early prevents subsequent challenges to ownership or encumbrances that might surface years later. This proactive stance protects current owners and future purchasers, helping preserve the long-term value of the property. While comprehensive curative work may require more initial time and resources, it often yields significant long-term savings and legal stability for property owners in Loretto.
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Practical Tips for Title Review and Curative Work
Start Title Review Early
Begin the title review as soon as a transaction is contemplated to identify potential obstacles early and allow time for curative actions. Early review helps uncover encumbrances such as liens, judgments, or gaps in the chain of title that could delay closing. By flagging issues at the outset, parties can budget for necessary curative work and coordinate with lenders and title companies. Timely review also increases the likelihood that simple corrections will resolve problems without court intervention, keeping transactions on schedule and reducing stress for buyers and sellers.
Keep Clear Documentation
Coordinate with Title and Lender Early
Work closely with the title company and lender from the outset to ensure everyone understands the issues and the proposed curative plan. Early coordination helps prevent surprises at closing and ensures that all necessary releases, endorsements, and corrected records will be acceptable. Title companies can advise on insurer requirements while lenders will clarify payoff and documentation needs. Aligning all parties on a plan reduces the risk of last-minute hold-ups and supports a smoother closing once curative tasks have been completed and recorded.
When to Consider Title Review and Curative Work
Consider a title review and curative plan whenever you are buying, selling, or refinancing property in Loretto or when transferring ownership through estate matters. Situations that commonly trigger review include properties with long ownership histories, probate transfers, properties that have been out of commerce for extended periods, or when an existing title commitment lists exceptions. Even if no obvious problem appears, a review uncovers hidden encumbrances that might otherwise become costly disputes after closing. Proactive assessment protects your transaction and helps ensure a successful transfer of ownership.
Other common reasons to pursue curative work include clearing municipal or tax liens, fixing recording mistakes, resolving boundary questions revealed by a survey, and addressing discrepancies in deed descriptions. If a title company raises objections or a lender requires additional documentation, prompt curative action can prevent delays. Property owners with family transfers or historic records that lack formal probate documentation may also need curative steps to establish clear title. In all cases, addressing issues early contributes to a cleaner, more certain transaction outcome.
Typical Situations That Require Curative Measures
Common circumstances include recording errors, unresolved mortgages or liens, missing signatures on deeds, probate complications, and boundary disputes. Properties that have been inherited without formal probate or where deeds were not properly recorded often present clouds on title. Surveys revealing encroachments or inconsistent legal descriptions can also trigger curative work. Each scenario requires a tailored response, from preparing corrected instruments to initiating judicial proceedings when necessary, and resolving these issues helps secure marketable title for sale, financing, or future transfer.
Recording Errors or Omissions
Recording errors like omitted signatures, incorrect legal descriptions, or improperly indexed documents create gaps or inaccuracies in the public record that can cloud title. Addressing these issues typically involves preparing corrected documents, obtaining any necessary acknowledgments, and coordinating re-recording with the register of deeds. When archival mistakes go unresolved, they can complicate sales and financing. Curative actions that correct the public record restore confidence in the chain of title and reduce the risk of disputes that might arise from unclear historical documentation.
Outstanding Liens or Judgments
Outstanding liens, tax claims, or judgments attached to property can prevent closings until they are resolved. Curative work may involve obtaining releases from lienholders, negotiating payoffs, or securing subordination agreements. Resolving these encumbrances protects buyers and lenders from inheriting unexpected obligations and is often a prerequisite for title insurance. Working proactively to identify and clear liens helps avoid last-minute issues and ensures that funds can be disbursed and ownership transferred as planned at closing.
Probate and Inheritance Issues
When property has been transferred through inheritance without clear probate documentation, the chain of title can be uncertain. Resolving these matters may require affidavits of heirship, probating an estate, or pursuing quiet title actions to confirm ownership. Curative steps in probate-related matters provide the legal foundation for transferring property to heirs or to new buyers. Addressing inheritance issues early prevents disputes among relatives and ensures that the property can be sold or financed without question about rightful ownership.
Local Title Review and Curative Services in Loretto
Jay Johnson Law Firm provides focused assistance to individuals and families in Loretto and surrounding Lawrence County communities who face title-related issues. We handle title reviews, coordinate with title companies and lenders, prepare corrective documents, and pursue necessary filings to clear title defects. Our approach emphasizes clear communication, practical solutions, and timely action to keep real estate transactions moving. Whether you are a buyer, seller, or lender, we work to remove title obstacles and document the curative steps needed for a confident transfer of property ownership in the region.
Why Choose Our Firm for Title Review and Curative Work
Clients choose Jay Johnson Law Firm for our proactive handling of title matters and our commitment to resolving issues that can delay or derail property transactions. We focus on identifying actionable remedies and coordinating with title companies, registries, and lenders to implement solutions. Our practice emphasizes practical legal strategies designed to restore marketable title and support smooth closings. By maintaining open communication and setting clear expectations, we help clients understand the steps required and the approximate timelines for resolving title defects.
The firm’s familiarity with local recording practices and relationships with area title companies streamlines the curative process and helps prevent procedural delays. We prepare necessary documentation carefully to meet registry requirements and assist clients in gathering supporting materials that speed review. Whether pursuing document reformation, releases, or court remedies when needed, we work to resolve problems effectively while keeping clients informed throughout each phase of the process and helping to keep transactions on track.
Our team assists with a wide range of curative matters, from routine corrections to more complex actions involving boundary disputes or probate clouds. We coordinate with surveyors and other professionals as needed to develop comprehensive solutions. By treating each matter with attention to detail and focusing on practical outcomes, we aim to reduce transaction risk and support clients through the legal steps necessary to achieve clear, marketable title for real estate dealings across Loretto and Tennessee.
Contact Us to Discuss Your Title Concerns in Loretto
How Our Firm Handles Title Review and Curative Work
Our process begins with a careful review of the title commitment or preliminary report followed by a detailed examination of public records and any relevant documents. We identify defects and prioritize curative steps based on urgency and complexity. After discussing options with the client, we prepare corrective instruments, coordinate required signatures and recordings, and work with title companies and lenders to secure releases and endorsements. If court action is necessary, we file the appropriate proceedings and pursue resolution while keeping clients informed of progress and next steps.
Step 1: Title Review and Risk Assessment
The first step involves reviewing the title commitment, chain of title, and public records to identify encumbrances, liens, and other defects. We assess the scope of the issue and recommend a plan that addresses the immediate obstacles to closing while considering any broader risks. This assessment helps determine whether simple corrective documents will suffice or if more involved measures, such as negotiations with claimants or court actions, will be required to restore marketability and support the transaction going forward.
Gathering Documents and Records
We collect deeds, mortgages, prior title searches, surveys, probate records, and any documents referenced in the title commitment to construct a complete factual record. This documentation supports the identification of defects and informs the selection of curative measures. Gathering these materials early enables efficient drafting of corrective instruments and reduces the likelihood of overlooked issues. Our team coordinates with clients and third parties to obtain necessary records so corrective steps can proceed without unnecessary delay.
Prioritizing Curative Actions
After identifying defects, we prioritize curative tasks based on their impact on the transaction and the time required to resolve them. High-priority items such as outstanding liens or missing signatures are addressed first to reduce the risk of closing delays. We outline a timeline and required actions so clients understand what to expect. Prioritization helps allocate resources effectively and provides a clear plan for addressing both simple fixes and more complex matters that may require additional time or legal proceedings.
Step 2: Implementing Curative Measures
Once a plan is approved, we prepare the necessary documents and coordinate with involved parties to implement curative measures. This stage can include drafting corrective deeds, obtaining lien releases, preparing affidavits, securing survey confirmations, and arranging re-recordings. Effective communication with title companies and registries is vital to ensure filings meet procedural requirements. Our goal is to correct the public record and resolve impediments in a manner that satisfies title insurers and lenders so the transaction can proceed.
Preparing and Executing Documents
We draft corrective instruments tailored to the defect, such as deeds of correction, releases, or affidavits, and guide clients on required signings and notarizations. Properly executed documents are essential for successful recording and acceptance by title insurers. We also advise on any supporting evidence needed to accompany filings, helping ensure that the register of deeds will accept corrections without additional inquiries. Attention to procedural detail at this stage prevents further delays and supports a cleaner title record.
Coordinating Recordings and Title Company Requirements
Coordination with the register of deeds and the title company is critical to ensure corrected documents are recorded properly and that title commitments are updated accordingly. We confirm recording standards, necessary endorsements, and any insurer-specific requirements. The firm also assists with negotiating releases or payoffs when encumbrances are financial in nature. These steps facilitate the issuance of an updated title commitment and help prepare the transaction for a successful closing without unresolved exceptions.
Step 3: Litigation or Court Filings When Necessary
When curative problems cannot be resolved through documents or negotiation, we pursue judicial remedies such as quiet title actions or declaratory relief to obtain a final resolution. Court proceedings can definitively settle ownership disputes or remove clouds on title, although they require additional time and procedural steps. We prepare filings, gather evidence, and represent clients through hearings and judgment entry with the objective of achieving a durable resolution that supports a marketable title for future transfers or financing.
Filing Quiet Title or Related Actions
Filing a quiet title action is appropriate when competing claims or historical defects cannot be cleared by corrective instruments. These actions invite the court to determine the rightful owner and issue a judgment that clarifies title. We handle the preparation of pleadings, service of process, evidence collection, and representation at hearings. While litigation takes longer, it provides finality that can be necessary for high-value properties or complex disputes that otherwise prevent sale or financing.
Enforcing and Recording Court Orders
After securing a favorable court judgment, we ensure the order is properly recorded and implemented so the public record reflects the resolved ownership status. This may involve preparing and recording instruments that effectuate the court’s ruling and coordinating with title companies to update the title commitment. Recording the judgment and related documents extinguishes clouds on title and creates a clear path for future transfers or financing, providing the certainty buyers and lenders require for transactions to proceed.
Frequently Asked Questions about Title Review and Curative Work
What is a title review and why is it necessary?
A title review is an assessment of the public record to identify ownership history and any encumbrances that could affect transferability. It examines deeds, mortgages, liens, easements, and other recorded matters to determine whether the title is marketable and to identify exceptions a title company may list. This review is necessary to protect buyers, sellers, and lenders by revealing legal issues that must be resolved before a transaction can close. Without a title review, parties face the risk of inheriting unresolved obligations or disputes that could impact property rights.When defects are found, curative work addresses those issues so the title can be transferred with confidence. Curative steps vary from simple document corrections to more complex actions such as obtaining releases, preparing affidavits, or pursuing court remedies. The specific measures depend on the nature of the defect. Addressing title problems early reduces the likelihood of closing delays and helps ensure lenders and title insurers will proceed with the transaction under acceptable terms for all parties involved.
How long does curative work usually take?
The timeframe for curative work depends on the complexity of the issues identified. Simple fixes like re-recording corrected documents or obtaining a release from a lienholder can often be completed in a few days to a few weeks, depending on the responsiveness of third parties and registry processing times. These tasks are generally more predictable and can align with closing schedules if addressed promptly.More complex matters, such as probate-related issues or disputes that require negotiation or litigation, may take several weeks to many months to resolve. Court proceedings like quiet title actions extend timelines further due to filing, service, discovery, and hearing schedules. Early assessment and coordination with all stakeholders can shorten delays and provide a clearer estimate of time required to obtain marketable title.
Will curative work always require court action?
Not all curative work requires court action. Many title defects are correctable through documentation such as corrected deeds, affidavits of heirship, lien releases, or negotiated settlements. When parties cooperate and documentation is available, these measures can clear title without involving the courts. Such out-of-court resolutions are often faster and less costly than litigation.Court action becomes necessary when there are competing claims, unresolved heirs, or ambiguous historical transfers that cannot be settled by agreement or corrected instruments. In these situations, filing a quiet title or related action allows a court to determine rightful ownership and issue a judgment that removes clouds on title. While more time-consuming, judicial remedies provide definitive resolution when other paths are not viable.
How do liens or judgments affect a property sale?
Liens and judgments attach to property and can prevent a sale or refinancing until they are resolved. A title company will typically list these encumbrances in the title commitment, and lenders may require that liens be paid off or released before funding. If a lien remains, the buyer or lender risks assuming the debt or facing claims against the property after closing.Resolving liens may involve obtaining releases, negotiating payoffs, or arranging escrow holdbacks in some cases. Addressing these matters early in the transaction prevents last-minute surprises and helps ensure that proceeds at closing can be disbursed without outstanding encumbrances diminishing the value or marketability of the property.
What is a quiet title action and when is it used?
A quiet title action is a court process that resolves disputes about property ownership and removes clouds on title that cannot be cleared by simple corrective documents. It is used when competing claims, unclear transfers, or missing records create uncertainty that parties cannot resolve through negotiation or administrative filings. The court examines the evidence and issues a judgment that clarifies ownership and establishes a marketable title going forward.Quiet title actions are particularly useful for resolving inherited property claims, boundary disputes, or long-standing defects in the chain of title. While this remedy takes more time and involves litigation steps, it provides a definitive legal determination that can be recorded to assure lenders, buyers, and future owners that title has been cleared by judicial order.
Can missing signatures on old deeds be corrected?
Missing signatures on deeds can sometimes be corrected by obtaining the required signatures on new or corrective documents, or by preparing affidavits and other supporting instruments that explain the historical circumstances. When parties who signed are available, re-executing instruments and recording corrections can resolve the issue. Proper notarization and compliance with recording requirements are essential to ensure acceptance by the register of deeds.If original signatories are unavailable or deceased, curative options may include affidavits of heirship, estoppel documents, or pursuing a court remedy to validate the transfer. The appropriate path depends on the specific facts, and gathering all relevant documentation early helps determine whether a simple administrative correction or a more formal legal action is needed.
How does probate impact the chain of title?
Probate affects the chain of title when an owner dies without having properly transferred property to heirs or when probate records are incomplete. If assets were not properly probated, or if deeds were not recorded, the public record can show gaps that cloud title. In such situations, it may be necessary to open probate, obtain court orders, or prepare affidavits of heirship to document the proper succession of ownership.Resolving probate-related title issues often requires working with estate records, death certificates, and potential heirs to establish a clear transfer. When informal solutions are insufficient, filing actions to quiet title or seeking court confirmation of transfers provides a permanent legal resolution so property can be sold or financed without questions about rightful ownership.
What documents will I need to provide for curative work?
For curative work, you should gather all documents related to the property, including deeds, mortgages, surveys, title commitments, tax records, and any probate paperwork. Supporting documents such as death certificates, affidavits, or correspondence with prior owners or lienholders can also be important. The more complete the documentation you provide, the faster an attorney can identify defects and propose remedies.In cases where records are incomplete, we may request additional evidence from registries or third parties, and coordinate with professionals such as surveyors. Early collection and submission of records speeds the curative process, helps determine whether court action is necessary, and reduces the time required to clear title for sale or financing.
Will title insurance cover preexisting defects?
Title insurance typically covers certain defects that existed at the time of policy issuance, subject to policy terms and exceptions. Standard policies exclude problems that are not discoverable from public records or that are specifically noted as exceptions in the commitment. Title insurance protects against covered losses arising from defects that were not identified during the title search and that meet policy conditions.However, some title defects require curative work before a title company will issue a policy without exceptions. Insurers commonly require certain defects to be corrected or cleared prior to closing. Clear communication between the attorney, title company, and client ensures that insurer requirements are understood and that curative steps are taken to obtain the desired coverage.
How can I start the process to clear title on my property?
To start the process of clearing title, obtain a copy of the title commitment or preliminary report and gather any available deeds, surveys, and relevant documents. Contact a local real estate attorney to review the commitment and identify exceptions. Early legal review helps determine whether curative measures are straightforward or if more extensive steps are needed, and it provides a roadmap for addressing the issues identified.After the initial assessment, the attorney will recommend a curative plan and coordinate necessary actions such as drafting corrective documents, obtaining releases, or initiating court proceedings if required. Engaging legal assistance promptly helps prevent closing delays and gives parties a clearer expectation about timelines and potential costs involved in restoring marketable title.