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4 Common Title Problems

Nashville Blog 2019 June 4 Common Title Problems
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4 Common Title Problems

Posted By David Whittaker, Attorney at Law || 12-Jun-2019

When it comes to real estate transactions, buyers must be aware that all homes have a history. Title searches can uncover what are called “title defects,” which can cause serious problems for buyers. So, what are the common title issues that buyers should be aware of and look for?

There are about a dozen or so issues that could arise with a title search, such as: errors in public records, unknown liens, illegal deeds, missing heirs, forgeries, undiscovered encumbrances, unknown easements, disputes over boundaries or surveys, an undiscovered will, or even a previous owner who falsely impersonated a property owner.

Let’s examine some of these title problems a little closer:

1. An Unknown Lien

The previous owner of the home may have not been a meticulous bill payer. Even if you are not the one who accumulated the former debt, a bank or other creditor can place a lien on your new home for unpaid debts of the previous owner, even after the transaction has closed. If you’re considering a distressed property, this is of special concern to you.

2. An Illegal Deed

At first glance, the chain of title on your property may appear legally-sound, but that doesn’t mean it is. It’s possible that a prior deed was made by someone who was an illegal immigrant, a minor, someone who was mentally ill, or someone who was cognitively impaired. When such an issue arises, there may be challenges in enforcing a prior deed, possibly affecting your ownership of the property.

3. An Heir is Missing

When a homeowner dies, his or her home may pass on to an heir named in their will. However, sometimes such an heir is missing and cannot be located at the time of the decedent’s death. In other cases, the family may contest the will and fight for the property. In either situation, which can arise years after you purchase a property, your ownership rights could be threatened.

4. Fraud and Forgeries

Unfortunately, there are dishonest individuals who commit fraud and forgery and real estate transactions are not immune. Sometimes, fraudulent individuals submit forged documents that become public record, in effect obscuring the ownership rights of the property. When such forgeries come to light, they can affect the homeowner’s rights to the property, even if they are not the ones who committed the fraud.

Do you have a title issue? To get the professional assistance you need, contact my Nashville real estate firm at (888) 492-4735 today.

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David Whittaker, Attorney at Law

Call Today: (888) 492-4735

David Whittaker, Attorney at Law - Nashville Probate Attorney
1616 Westgate Circle, Suite 127, Brentwood, TN 37027 View Map
Call Today: (888) 492-4735
(615) 289-6284
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