Selling a Property With Title Problems
A title issue can stop a sale until it is fixed. Many issues can be solved, though some take time and legal help.
Common title issues
- An owner who has died, but is still on the deed
- Co-owners who cannot agree or cannot be found
- Old mortgages that were never released
- Liens or judgments
- Errors in the deed or legal description
- Unpermitted changes that create boundary questions
How to start
A title company can search the records and tell you what stands in the way. A real estate attorney can advise on steps like a corrective deed, a probate case or a quiet title action.
Selling with an issue
Tell us what you know. We can work with a title company to see what is needed to close, and we will tell you up front if we cannot help.
This page is general information, not legal, tax or financial advice. Rules vary by state and city, so please check with a qualified professional about your situation.
Common Title Problems and How They Get Fixed
- Old mortgages that were paid but never released. The title company can usually get a release from the lender or its successor.
- Judgment liens. Court judgments against an owner may attach to the house and are often paid or negotiated at closing.
- Missing heirs or signatures. When an owner died without a clear plan, every heir may need to sign, or a court process may be needed.
- Errors in the deed. Wrong names or legal descriptions can be corrected with a corrective deed or affidavit.
- Unpaid taxes, water bills or code liens. These are usually paid from the sale proceeds.
How to Find Out What Is Wrong
The first step is a title search. A title company looks at public records for the property and lists anything that needs to be cleared before closing. When you work with us, we order and pay for that search, then walk you through the results in plain language.
When a Direct Sale Helps
Many traditional buyers walk away when the title report comes back messy. We work through title issues regularly, and we are often willing to wait while a title company or attorney clears them, or to buy with certain issues resolved at closing.
Title problems holding up your sale? Tell us what is going on and get a no-obligation offer.