#39 Title Search Horror Story


Hiring someone to do a title search on your home, usually a title insurance company, can help to discover titles defects (commonly called a “cloud” on the title) that can keep a home seller from closing the sale of their home. If a home seller is unable to provide a clear title (cloudy title) to the new owner, then the title issues would transfer to the new owner and when they try to sell they may have to resolve the cloudy title problem before they can transfer title to a new owner. It’s important to remember when selling a house without a clear title most lenders, if not all, will not approve a loan on the property. No loan, no buyer.

Title issues are more common than you might think. For example:

  • Public record errors: Clerical or filing errors in the county courthouse could affect the deed or survey of a property and can take time to resolve.
  • Unknown property liens: These types of liens can include unpaid state and federal tax liens. Mechanic liens (unpaid work performed on the property) such as roof repair/replacement, painting, concrete repair, plumbing, or nearly any other unpaid repairs.
  • Missing heirs: When a person dies, the ownership of their home may fall to their heirs, trust account, or those named in their will. Many times those heirs are missing or even unknown to the family at the time of death. And finally, when homeowners pass away without a will, called intestate, the situation can become even more complex as the property ownership goes through the state the property is located in to decide ownership.

In this short video “title expert Doug Simmons” tells a true story of a home seller’s nightmare trying to obtain clear title to their property in order to close the sale on their home.



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