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The title and the property cannot be legally transferred until the title defect is resolved. The titleholder must take care of all and any issues. For example, if there are tax liens on the property, the homeowner must pay off outstanding taxes before going through with the sale.
A quitclaim deed is often used to cure a defect (a "cloud on the title") in the recorded history of a real estate title.
Title insurance protects home buyers against covered title defects, such as a previous owner's debt, liens, and other claims of ownership.
What is a corrective deed? A corrective deed is an instrument filed in the public record in addition to the incorrect deed. It's known as a confirmatory instrument since it perfects an existing title by removing any defects, but it doesn't pass title on its own.
Make Sure You Have Title Insurance There are two types of title insurance: lender's and owner's. Lender's title insurance is required by your mortgage company and assures them the title is cleared for sale. An owner's title insurance policy is what protects you after you buy the property.
Generally, a standard policy of title insurance will protect the insured against losses arising from such title defects as: Forged documents such as deeds, releases of dower, mortgages; Undisclosed heirs; Mistaken legal interpretation of wills; Misfiled documents, unauthorized acknowledgments; Confusion arising from ...
Title insurance guarantees you or your lender against losses from any defects in title that may exist in the public records at the time you purchase that property, and certain other risks described in the title insurance policy.
The defect or impairment on the title can be in the form of a lien, mortgage, judgment, or other type of encumbrance. Because other parties can lay claim to the property or asset, the title cannot be legally transferred to someone else. Defective titles are also called bad titles.