Whether you’ve bought and sold three or four homes or this is your first time, it’s understandable if you haven’t given much thought to the title search process. After all, title searches are meant to be done seamlessly behind the scenes during everyday real estate transactions, and more often than not, they are completed without incident. With that said, issues such as title defects arise occasionally and catch unsuspecting homeowners off guard.
The good news is that Christman Attorneys, PLLC, has extensive experience representing buyers and sellers in various commercial and residential real estate issues, including surprise title defects that can come between you and your new property.
What Is a Title Defect?
When people buy a home, they “take title” or ownership of that property. When they sell the home, they transfer ownership to the buyer. But before any of that can happen, the title company must perform a title search of the property’s public records and history to confirm the property’s legal owner and determine if there are any outstanding claims or liens against the property.
If the title is not clear, that means there is an unsettled title defect that must be resolved before ownership can be transferred.
Common title defects might include the following:
- Unpaid property taxes
- Existing liens on the property for unpaid debts (child support, repair work, etc.)
- Bankruptcies
- Illegal deeds
- Errors in public records
- Boundary or property survey disputes
- Missing heirs
- Undiscovered wills
What Happens If Title Defects Exist?
Many title defects date back many years and could come as a complete shock to the existing owners, who are now trying their best to resolve something they may not completely understand or know how to fix. If you are in a similar situation, the good news is that you aren’t alone with Christman Attorneys, PLLC, in your corner.
We have represented buyers and sellers in commercial and residential real estate contracts, assisted parties in negotiating contracts, advised clients on title and property matters, and represented residential and commercial real estate developers. We’ve litigated boundary disputes, contested appraisals, suits arising from breach of contract, condemnation proceedings, failure to close, title defects, breach of warranty, construction defects, liens, foreclosure, adverse possession, condemnation, and recording issues. We also offer services for buyers, sellers, and management companies of commercial properties.
The bottom line is that our firm can assist with all your residential or commercial real estate law needs.
Please call Christman Attorneys, PLLC, for your legal needs today!
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman Attorneys, PLLC, believe in tailoring legal advice and solutions to your circumstances.
We have an unwavering commitment to helping our clients at each stage of their legal situation.
