
Buying or selling a home is one of life’s biggest financial decisions. Yet, amidst the excitement of a real estate deal, hidden title issues can derail even the most promising transactions. At Kearney Law, we’ve helped countless clients navigate the complexities of real estate transactions, and we know just how crucial it is to understand common title problems before signing on the dotted line.
So, what exactly is a title?
The title is the legal record of ownership for a property. When issues arise with the title, they can jeopardize the buyer’s rights or the seller’s ability to transfer ownership. Let’s break down a few of the most common problems we see.
1. Liens and Unpaid Debts
Previous owners may have left behind unpaid taxes, contractor bills, or mortgage balances. These debts often become attached to the property, not the person, which means the new owner could be on the hook unless the title is cleared before closing.
2. Unknown Heirs or Ownership Disputes
In some cases, heirs of previous owners may surface after a sale has begun, claiming legal rights to the property. Disputes over inheritance, missing wills, or fraud can lead to lengthy delays—or worse, lawsuits.
3. Errors in Public Records
A simple clerical error—a misspelled name or incorrect legal description—can create confusion or conflict in real estate transactions. These mistakes can slow down the process and cost additional time and money to correct.
4. Forgery or Fraud
Unfortunately, fraud still occurs in real estate. Forged signatures or … Read More
