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For example, a title defect could be an undisclosed heir of a previous owner suddenly appearing to make an ownership claim on your land. An encumbrance is a claim made upon the land by someone other than an alleged landowner. IDOI: What is a title defect - IN.gov in.gov ? idoi ? title ? what-is-a-title-defect in.gov ? idoi ? title ? what-is-a-title-defect
Title Resolution When title defects are discovered, the title agent initiates a remediation process to resolve the defect and render the title clear and free. What Occurs When a Title Defect Is Found? | LINEAR TITLE & ESCROW lineartitleandescrow.com ? 2019/11/13 ? what-occ... lineartitleandescrow.com ? 2019/11/13 ? what-occ...
Although an unmarketable title does not mean that the property cannot be transferred, it does mean that there are certain defects in the title which may limit or restrict its ownership, to such an extent that a purchaser cannot be forced to accept a title that is materially different from the one bargained for in the ...
A defective title is ownership of property or assets that cannot be legally transferred due to claims by someone else. While the seller has an obligation to present marketable title to real property, the buyer is also responsible for examining any title defects and giving notice of any defect to the seller.
Improper descriptions of the property in the deed can be remedied by asking a court to reform, or modify, the terms of the deed. Mortgages can be ?cleared? by the owner obtaining a document known as a ?release of mortgage.? That document is then recorded with the land records office.
A quitclaim deed is often used to cure a defect (a "cloud on the title") in the recorded history of a real estate title.