Comprehensive Guide to Title Review and Curative Work in Loudon County
Title review and curative work play an essential role when buying, selling, refinancing, or otherwise transferring real property in Loudon County. A thorough review of public records, deeds, liens, easements, and prior conveyances helps identify issues that can delay or derail a closing. Curative work involves preparing and filing the documents needed to correct defects, clear clouds on title, and create an accurate chain of ownership. Whether you are a homeowner, lender, or developer, careful attention to title matters protects your property rights and reduces the risk of future disputes or unexpected encumbrances.
At Jay Johnson Law Firm we assist clients throughout Tennessee with title review and curative services tailored to local recording practices and county requirements. Our approach includes a detailed search of recorded documents, review of survey and plat materials, and evaluation of mortgage and judgment records. When defects are found, we outline practical curative options such as deed corrections, affidavits, quiet title actions, releases, and lien satisfactions. Clear communication about anticipated timelines, likely costs, and the legal steps needed helps clients make informed decisions and move transactions toward a successful closing.
Why Thorough Title Review and Curative Work Matter in Real Estate
A comprehensive title review prevents costly surprises after closing by uncovering recorded defects, unresolved liens, ambiguous ownership, or mistakes in prior deeds. Resolving these matters before or during closing preserves property value and marketability, while reducing the potential for litigation down the road. Curative work can restore clear legal title, facilitate financing, and ensure that ownership rights are defensible. For buyers, sellers, and lenders in Loudon County, taking proactive steps to correct title issues minimizes transactional risk and helps secure long-term stability in property ownership and transfers.
About Jay Johnson Law Firm’s Title Review and Curative Services
Jay Johnson Law Firm serves clients across Tennessee with practical, results-focused assistance for title review and curative work. The firm combines careful record analysis with hands-on experience preparing curative instruments, coordinating with title companies, and prosecuting actions when a court filing is necessary. Familiarity with Loudon County recording procedures and local real estate practice allows the firm to move matters forward efficiently. Clients receive straightforward explanations of defects, realistic timelines for resolution, and tailored recommendations designed to clear title and allow closings to proceed with confidence.
Understanding Title Review and the Curative Process
Title review begins with collecting and examining recorded documents affecting a parcel of land: deeds, mortgages, liens, easements, judgments, probate entries, and tax records. The reviewer reconciles names, legal descriptions, and chain of title to determine whether ownership is properly vested and free of clouds. Surveys and plats are checked to confirm boundary descriptions and identify encroachments. This initial analysis reveals defects ranging from simple clerical errors to conflicting conveyances, and sets the stage for decisions about appropriate curative measures and whether a quiet title or corrective deed will be necessary.
Curative work refers to the legal steps needed to resolve identified title defects so that clear title can be conveyed or financed. Solutions are chosen based on the type of defect and may include filing correction deeds, lien releases, affidavits of heirship, or obtaining corrective court orders. For certain matters, preparing the paperwork and coordinating with affected parties resolves the issue without litigation. When court involvement is required, a quiet title action or other pleading may be pursued. The goal of curative work is to create a marketable title that satisfies buyers, sellers, and lenders under local practice.
What Title Curative Work Entails
Title curative work addresses legal and record-keeping defects that impair a property’s marketability. Common situations include misspelled names in prior deeds, missing signatures, improperly executed releases, unknown heirs after a transfer, or liens that remain listed after payment. Curative instruments are drafted to correct the public record, and may include corrective deeds, satisfaction statements, affidavits, and agreements among parties. When parties cannot agree, a court petition may be necessary to clarify ownership or remove clouds. The curative effort restores confidence that the owner can transfer the property without hidden encumbrances.
Key Elements and Steps in Title Review and Curative Work
The process typically includes an initial title search, review of the chain of title, analysis of surveys and plats, and identification of encumbrances or errors. Next comes evaluating solutions and preparing the documents needed to correct the record. This may involve negotiating releases with creditors, drafting corrective deeds or affidavits, and filing instruments with the county register of deeds. If a dispute prevents resolution, the firm can file a judicial action to quiet title or cure ambiguous interests. Throughout, coordination with title companies and lenders keeps the closing process moving toward resolution.
Key Terms and Glossary for Title Review and Curative Work
Understanding common terms helps property owners, buyers, and lenders follow the title review and curative process. This glossary covers frequently encountered concepts and explains how each can affect marketability. Clear definitions make it easier to understand recommended curative steps and why certain filings or court actions may be necessary. For those unfamiliar with land records, a brief explanation of terms like lien, deed, chain of title, and quiet title provides valuable context when decisions about curative work must be made.
Chain of Title
Chain of title refers to the sequence of recorded documents that trace ownership of a property from its original grant to the present owner. A complete and continuous chain demonstrates that each transfer was properly conveyed and recorded. Gaps, ambiguous transfers, or missing documentation can create clouds on title that must be addressed. Curative work often focuses on repairing breaks in the chain of title by locating missing parties, preparing corrective deeds, or obtaining court orders that confirm the rightful owner, thereby restoring confidence in transferability.
Quiet Title
A quiet title action is a court proceeding used to resolve competing claims or remove clouds on title that cannot be resolved through agreement. The court determines property rights and issues a judgment that clarifies ownership, extinguishes adverse claims, or confirms the validity of a conveyance. Quiet title actions can be necessary when record discrepancies, adverse possessions, or unresolved heirship complicate a transfer. The result is a clear judicial declaration that supports marketability and reduces the risk of future ownership disputes.
Curative Instrument
A curative instrument is a document prepared to correct or clarify a recorded matter affecting title. Examples include corrective deeds, affidavits of heirship, lien releases, and affidavits of identity to address name variations. These instruments are drafted to meet recording requirements in the relevant county and to address the specific defect found during the title review. Properly executed and recorded curative instruments remove clouds on title and enable transactions to proceed while protecting the interests of all parties.
Lien and Release
A lien is a legal claim against property that secures payment of a debt, such as a mortgage, judgment, or tax lien. A release (or satisfaction) is the recorded instrument that indicates the lien has been paid or otherwise resolved. Unreleased liens can block transfers or financing until they are satisfied and the release recorded. Curative work often involves locating lienholders, obtaining releases, and ensuring those releases are properly recorded so the title is free of encumbrances that would interfere with conveyance.
Comparing Limited Corrections to Comprehensive Curative Solutions
When addressing title defects, parties may choose a limited approach that fixes only the immediate issue needed for closing, or a comprehensive approach that resolves broader concerns to ensure long-term marketability. A limited correction can be faster and less costly when defects are minor and agreed by all parties. A comprehensive approach, though potentially more time-consuming, addresses related risks and often avoids subsequent problems. The choice depends on the nature of the defect, the transaction timeline, lender requirements, and the client’s tolerance for future risk.
When Limited Curative Measures May Be Appropriate:
Minor Clerical Errors
A limited approach can be appropriate when defects are simple clerical errors such as a misspelled name, incorrect date, or minor discrepancy in a legal description that does not affect ownership rights. In these cases a corrective deed or affidavit may resolve the issue quickly without broader investigation. If all parties are identifiable and willing to sign the necessary documents, recording a correction can enable a timely closing. This option balances speed and cost while resolving the narrow issue preventing the transaction.
Agreed Releases and Satisfied Liens
When outstanding liens have been paid and the lienholder agrees to execute a release, a limited curative action may suffice. Obtaining and recording the release resolves the impediment to closing without broader action. This works well where the lien is isolated, the parties are cooperative, and no other defects exist. Coordinating prompt payment and filing the proper satisfaction documents addresses the immediate title problem while keeping costs and delay to a minimum for the transaction.
Why a Comprehensive Curative Plan Can Be the Better Choice:
Complex or Multiple Defects
A comprehensive approach is often necessary when multiple or complex defects exist, such as conflicting conveyances, missing heirs, unresolved probate matters, or overlapping claims. Addressing interconnected issues together prevents a narrow fix from leaving other defects uncorrected, which could cause future title challenges. A full review and coordinated set of curative filings reduce the likelihood of subsequent litigation and enhance the property’s long-term marketability, even if the initial investment in time and cost is greater than a limited correction.
Lender and Marketability Requirements
Lenders and title insurers often demand a higher level of assurance before financing or insuring a transaction. When title issues raise doubts about marketability, lenders may require full curative work or a quiet title action to insure the transaction. Comprehensive curative work ensures that conveyances meet underwriting standards, reduces delay at closing, and protects both buyer and lender interests. Choosing the comprehensive route can prevent last-minute hold-ups and deliver a clear title that supports future resale and financing.
Benefits of Taking a Comprehensive Curative Approach
Taking a comprehensive approach provides peace of mind by resolving not only the immediate defect but also related issues that might later surface. This reduces the risk of future disputes, title claims, and unexpected encumbrances. Comprehensive work also tends to improve the property’s resale value and makes future financing easier because lenders and title insurers have greater confidence in a thoroughly cleared chain of title. The upfront investment in a complete solution offers long-term savings by avoiding repeat fixes or litigation.
A full curative plan fosters smoother closings and clearer records in the county register’s office. Consolidating related curative steps into a single strategy minimizes administrative duplication and reduces overall delay. It also provides a documented record that future buyers and professionals can rely on. For owners who intend to hold or sell property in the future, comprehensive curative work preserves marketability and reduces the likelihood that old defects will cloud title or complicate future transactions.
Long-Term Protection for Property Ownership
A primary benefit of comprehensive curative work is long-term protection of ownership rights through thorough correction of recorded defects. By addressing name discrepancies, unrecorded conveyances, and ambiguous transfers, comprehensive measures reduce the potential for future challenges to title. This enhances confidence for owners, buyers, and lenders and lowers the chance of costly litigation later on. The resulting clarity in the public record supports stable property interests and simplifies future transactions involving the same parcel.
Smoother Transactions and Faster Financing
Comprehensive curative work tends to smooth the path to closing by addressing all known issues before a transaction reaches the table. With a clear title, lenders are more likely to proceed promptly, title insurers can issue policies with fewer exceptions, and buyers can move forward without lingering legal worries. This coordinated approach reduces the need for last-minute actions and helps prevent delays tied to unresolved defects, making closings more predictable and efficient for everyone involved.
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Practical Tips for Faster Title Resolution
Start Title Review Early
Initiating a title review as soon as possible in the transaction timeline avoids last-minute surprises that can delay closing. Early identification of defects creates time to locate necessary documents, contact parties, and prepare curative instruments without rushing. When timelines are tight, early work reduces pressure and often lowers curative costs by avoiding expedited filings or emergency court filings. Clear communication with lenders and title companies about discovered issues also helps all parties plan and reduces the chance of unexpected hold-ups at closing.
Gather Relevant Documents and Contacts
Coordinate with Title Companies and Lenders
Keep title companies and lenders informed about identified defects and proposed curative steps so all parties understand what will be needed for closing. Some issues can be resolved informally with agreed instruments, while others require formal filings or court involvement. Early coordination reduces the risk of last-minute additional demands and ensures the curative strategy meets underwriting and closing requirements. Consistent updates and shared timelines help align expectations and expedite resolution.
When You Should Consider Title Review and Curative Work
Consider a professional title review and potential curative work when purchasing property, refinancing, resolving a boundary or survey discrepancy, or when title insurance contains exceptions that raise concerns. These services are also appropriate after an inheritance, probate transfer, or when a property shows a complicated chain of prior transfers. Early review provides clarity about possible problems and allows a plan to correct issues before they disrupt financing or transfer. Addressing title matters proactively can save time and expense later and protect ownership rights.
If a closing is approaching and the title commitment shows unresolved exceptions, curative work helps determine whether those exceptions can be removed promptly or whether additional actions are required. Sellers who want to enhance marketability, buyers who want assurance before purchase, and lenders who need clear security all benefit from timely curative efforts. Even when defects seem minor, the implications for resale or future financing may be significant, making professional review and corrective filings a sensible investment in the property’s legal standing.
Common Situations That Require Title Curative Work
Typical reasons for curative work include clerical errors in prior deeds, missing or incorrect signatures, unresolved judgments or tax liens, issues arising from probate transfers, and discrepancies between recorded descriptions and current surveys. Other common triggers are disputes over easements, claims of adverse possession, and errors in chain of title following multiple conveyances. Each scenario requires a tailored approach to correct the public record and restore marketability for the parcel involved.
Errors in Prior Deeds or Descriptions
Errors in names, dates, or legal descriptions in prior deeds can create gaps or ambiguity in ownership records. Corrective deeds or affidavits of identity can address many clerical issues when all necessary parties are available to sign. If documents cannot be located or a former owner is deceased, more involved measures such as probating an estate or bringing a court action may be necessary. Resolving these matters preserves clear title and prevents future challenges to ownership.
Outstanding Liens or Unreleased Mortgages
Outstanding liens, unsatisfied mortgages, and unreleased judgments often appear in a title commitment and must be cleared before closing. Curative work involves locating lienholders, confirming payment or deficiency, and recording releases or satisfactions. In some situations, partial releases or subordinate lien arrangements can be negotiated to permit a transaction to proceed. Ensuring that liens are properly released and recorded protects the new owner and supports lender confidence in the transaction.
Heirship and Probate-Related Issues
When property transfers through intestacy or an unclear probate, determining rightful heirs and proper conveyance can require affidavits of heirship or probate proceedings. Curative work may involve preparing documentation to confirm transfers made under probate or obtaining a court order to quiet title among potential claimants. These steps resolve uncertainties in ownership and allow clear conveyance to a buyer or to family members in an estate settlement.
Local Representation for Loudon Real Estate Title Matters
Jay Johnson Law Firm provides local representation for title review and curative work in Loudon County and surrounding Tennessee communities. The firm assists clients with record searches, drafting corrective instruments, coordinating filings at the register of deeds, and preparing court pleadings when necessary. Whether the matter involves a residential closing, a commercial conveyance, or estate-related title issues, the firm works to clarify the record and move transactions forward. Clients receive practical guidance tailored to local recording practices and regulatory requirements.
Why Clients Choose Jay Johnson Law Firm for Title Curative Work
Clients choose Jay Johnson Law Firm for a responsive and practical approach to title problems, with clear communication about options, timelines, and likely costs. The firm focuses on finding efficient curative solutions when possible and prepares court filings when necessary to ensure permanent resolution. By coordinating closely with title companies and lenders, the firm aims to minimize delays and simplify the closing process for buyers and sellers alike. This client-centered approach supports reliable outcomes in local real estate matters.
The firm’s familiarity with Tennessee and Loudon County recording procedures helps ensure that curative instruments meet all local requirements for recording and public notice. This reduces the risk of rejection or the need for re-filing. Clients receive practical recommendations about whether a limited fix or a more comprehensive strategy is appropriate based on the nature of the defect and the transaction timeline. The goal is to restore clear title in a cost-effective and timely manner.
Throughout the process the firm prioritizes transparent communication, timely filings, and careful documentation to ensure the public record accurately reflects resolved matters. For matters requiring court involvement, the firm handles procedural requirements and works to obtain judicial relief that definitively settles disputes. Clients appreciate having a single point of contact who manages the curative plan and coordinates with all parties involved to bring title issues to a successful conclusion.
Contact Jay Johnson Law Firm to Start Your Title Review Today
How Our Firm Handles Title Review and Curative Work
Our process begins with a thorough review of recorded documents and any existing title commitment, followed by an assessment of defects and recommended actions. We communicate the findings and a proposed plan for curative work, including estimated timelines and likely costs. When corrective instruments are appropriate, we prepare and coordinate signatures and recording. If legal filings are needed, we prepare pleadings and represent clients through the court process. Regular updates keep clients informed until the title is cleared and the transaction completes.
Step One: Records Collection and Initial Title Review
The first step gathers all relevant recorded instruments, surveys, prior title commitments, and any documents provided by the client. We examine the chain of title to identify breaks, ambiguous transfers, liens, and easements. This initial analysis identifies immediate impediments to a transaction and outlines options for resolution. A clear summary is provided to the client so that decisions about limited corrections or a comprehensive plan can be made with full understanding of the issues involved.
Conducting a Detailed Search
A detailed search includes examining deed books, mortgage records, judgments, tax liens, probate entries, and recorded plats in Loudon County and any other relevant jurisdictions. We reconcile name variations, prior conveyances, and legal descriptions to ensure continuity in the chain of title. Surveys and easements are also reviewed to confirm boundaries and potential encroachments. This careful fact-finding sets the foundation for accurate curative recommendations and prevents leaving undiscovered matters unresolved.
Preparing a Title Issue Report
Following the search, we prepare a title issue report that explains discovered defects, their likely impact on marketability, and available curative options. The report prioritizes issues by severity and urgency, highlights what can be corrected by agreement or recorded instrument, and identifies matters that may require litigation. This clear roadmap helps clients and other transaction participants understand next steps and cost implications so that informed decisions can be made early in the process.
Step Two: Implementing Curative Measures
Based on the title issue report, we implement the chosen curative measures. For matters resolvable by agreement, we prepare corrective deeds, affidavits, releases, or satisfactions and coordinate signatures and recordings. When multiple parties must be located or contacted, we manage outreach and negotiation. If the curative route requires court filings, we prepare pleadings and gather supporting evidence. The goal in this phase is to clear the recorded defects efficiently and prepare the title for closing or financing.
Drafting and Recording Curative Instruments
Drafting curative documents demands precise language to correct or clarify prior records. We prepare deeds of correction, affidavits of identity or heirship, releases of lien, and other instruments tailored to the defect. Careful attention to recording formalities and county requirements ensures instruments are accepted by the register of deeds. Prompt recording completes the curative step and updates the public record so the title reflects corrected information for future transactions.
Coordinating with Third Parties and Title Companies
Coordination with lienholders, title companies, lenders, and other stakeholders is essential to successful curative work. We handle communications, obtain necessary signatures, and provide documentation required for title insurance and lending approvals. Working collaboratively reduces delays and ensures the curative solution aligns with underwriting needs. Transparent updates and shared timelines help all parties prepare for closing once curative steps are completed.
Step Three: Litigation and Quiet Title When Necessary
When curative issues cannot be resolved by agreement or recorded instruments, we prepare and file the appropriate court actions, which may include quiet title suits or declaratory judgments. Litigation secures judicial orders that clarify ownership, extinguish claims, or confirm the validity of conveyances. The court’s decision provides finality to the record and allows title insurance and financing to proceed. Throughout litigation, we pursue efficient resolution while protecting clients’ property interests.
Preparing Court Filings and Evidence
Court filings require assembling precise documentation: chain of title evidence, affidavits, notices to interested parties, and legal arguments supporting title quieting or correction. We prepare these materials and follow procedural requirements for jurisdiction and service. Efficient case management and clear presentation of facts help move the matter toward resolution. A successful judicial outcome provides the definitive record correction that parties, lenders, and title insurers need to proceed confidently.
Finalizing the Record and Closing Steps
After curative instruments are recorded or a court judgment is obtained, we confirm that the public record reflects the resolved matters and coordinate with title companies and lenders to finalize closing requirements. This includes providing certified copies of judgments, recorded documents, and updated title commitments. Final verification ensures that the property’s title is marketable and that all parties have the documentation they need for a successful closing and for future transfers.
Frequently Asked Questions About Title Review and Curative Work
What is the difference between a title search and a title commitment?
A title search is the investigative phase that examines recorded documents affecting a property to identify chains of ownership, liens, easements, and other encumbrances. It is a fact-finding review of public records. A title commitment, often issued by a title company, summarizes the findings and lists required actions or exceptions that must be resolved for title insurance to be issued. The commitment indicates conditions under which insurance will be provided and identifies matters that need attention before closing. The title commitment guides curative work because it highlights the specific exceptions and requirements a lender or buyer needs addressed. While the search uncovers facts, the commitment frames what must be cleared or satisfied to obtain an insurer’s policy and support financing. Both documents are essential in planning and prioritizing curative steps toward a clean closing.
How long does curative work usually take?
The time required for curative work varies based on the complexity of the defects and the need for third-party cooperation. Simple clerical corrections or agreed releases can often be prepared and recorded within days to weeks, depending on parties’ availability and county recording times. When signatures are readily obtainable, curative instruments move quickly and can often be completed before a scheduled closing. More complex matters, such as locating missing heirs, resolving probate issues, or filing court actions, may take several months or longer. Court proceedings add procedural timelines, notice periods, and potential delays. Early identification and coordination with title companies and lenders help manage expectations and reduce avoidable delays where possible.
Will curative work always require a court action?
No, not all curative work requires court action. Many defects can be resolved through corrective deeds, affidavits, lien releases, or other recorded instruments when the necessary parties are available and willing to sign. These non‑litigation solutions are often preferable when practical, because they are usually faster and less costly than filing a court case. Court action becomes necessary when parties cannot be located or will not cooperate, when multiple conflicting claims exist, or when legal clarity is required to remove a cloud on title. In such situations, a quiet title or declaratory judgment provides definitive resolution and updates the public record with judicial authority.
Can a corrective deed fix a missing signature?
Yes, a corrective deed can often fix a missing or incorrect signature if the person who originally signed or should have signed is available to execute the corrective instrument. A deed of correction must clearly state the error and the intended correction, and it must be properly acknowledged and recorded in the county where the property is located. When the parties agree and the record is amended, the defect is corrected for purposes of conveyance and title insurance. If the original signer is deceased or cannot be located, other measures may be necessary, such as probate proceedings, heirship affidavits, or potentially a quiet title action to obtain judicial confirmation. The chosen path depends on the specific facts and the availability of evidence establishing the rightful ownership and intent.
What happens if an heir cannot be located?
If an heir cannot be located, curative options depend on the surrounding circumstances. Efforts to locate missing heirs include checking public records, probate files, genealogical resources, and known family contacts. If the heir remains unlocated, a court may permit alternative steps such as publication notice and a judicial determination of heirs, or a quiet title action that includes notice by publication to unknown parties. These judicial measures allow a court to resolve ownership when locating every interested party is impractical. Another option in limited circumstances is to record an affidavit of heirship if permitted by local practice and the title insurer accepts that approach. Whether that method is sufficient depends on lender and insurer requirements, the nature of the transaction, and the risk tolerance of the parties involved.
Do lenders require all title exceptions to be cleared?
Lenders typically require that title exceptions affecting their security interest be cleared or adequately covered before closing. Some exceptions can be resolved by obtaining releases or recording corrective documents, while others may require additional underwriting or lender approval for certain exceptions to remain. The lender’s primary concern is ensuring its mortgage will have priority and will not be impaired by undisclosed encumbrances or title defects. Title insurers also evaluate exceptions and may offer insurance with specific exclusions or endorsements. The combination of lender requirements and insurer standards determines which exceptions must be cured prior to closing and which might be addressed post-closing. Early coordination with both lender and title insurer clarifies what actions are necessary.
How much does title curative work typically cost?
Costs for title curative work vary widely depending on the nature of the defect, the number of parties involved, and whether court action is necessary. Simple corrective filings and recording fees tend to be less expensive, while locating parties, negotiating releases, or preparing affidavits add additional time and cost. Judicial proceedings such as quiet title actions involve court fees, service costs, and attorney time, making them more expensive and time-consuming. Providing an accurate cost estimate requires an initial review to identify the specific defects and the likely path to resolution. Once issues are identified, the firm can offer a tailored estimate and explain which steps can reduce cost or accelerate resolution based on the client’s priorities.
Can title insurance cover unknown defects?
Title insurance can protect against many unknown defects that were not discovered during a title search, subject to the policy’s terms and exceptions. Standard title insurance policies typically cover covered defects that were missed in public records or unknown issues that surface later, but exceptions and exclusions apply. Reviewing the proposed title policy and its exceptions is important to understand the scope of coverage and any remaining risks that might require curative action. Insurers often insist that certain known defects be cured before issuing a policy or may issue insurance with specific exceptions or endorsements related to unresolved matters. Working with the insurer and addressing feasible curative steps helps secure broader and more useful coverage for the transaction.
When is it better to pursue a quiet title action?
A quiet title action is often the preferred route when defects cannot be resolved by agreement, when parties cannot be located, or when competing claims create legal uncertainty. Quiet title provides a judicial determination that clarifies ownership rights, extinguishes adverse claims, and updates the public record. This formal resolution is particularly useful when long-term marketability and lender confidence are priorities, because a court judgment offers definitive legal clarity. Choosing a quiet title action should follow careful evaluation of alternatives and consideration of time and cost. When a judicial outcome is needed to remove significant clouds or reconcile conflicting records, quiet title actions deliver the conclusive resolution necessary for reliable transfer and financing.
How do I begin the process with Jay Johnson Law Firm?
To begin the process with Jay Johnson Law Firm, contact the office with relevant property information, any existing title documents, and the title commitment or title search if available. The firm will review the materials, perform or order any necessary record searches, and provide an initial assessment of discovered issues. From there the firm outlines recommended curative steps, estimated timelines, and likely fees to reach a clear title suitable for closing or financing. Clients benefit from an initial consultation that clarifies priorities and next steps. Regular updates and coordinated communication with title companies and lenders keep the process focused on efficient resolution until the title is cleared and the transaction can proceed.