Problem solving — 8 min read
Common title clouds and how they get cleared
Most title problems are solvable. What matters is finding them early and knowing which document actually cures each one.
Unreleased mortgages and satisfactions
A paid-off mortgage that was never satisfied of record stays on title. The cure is a recorded satisfaction or discharge from the lender — or, if the lender no longer exists, a successor chain and affidavit. Start this the moment it appears; servicer response times drive the closing date.
Judgments against a similar name
Judgment searches are name-based, so common names generate false hits. These are usually cleared with an affidavit of identity confirming the seller is not the judgment debtor, sometimes supported by a partial identifier.
Estate and heirship issues
When an owner has died, we need letters testamentary or of administration, proof of estate tax clearance where applicable, and confirmation the fiduciary has authority to convey. Estates are the most common cause of a multi-week delay.
Boundary, encroachment and access problems
A fence, driveway or addition over a line is resolved with a survey affidavit, an easement or boundary line agreement, or affirmative coverage from the underwriter — depending on severity and lender requirements.
When a curative filing is needed
Some defects need a court or corrective recording rather than an affidavit.
- Corrective deed for a defective legal description or misspelled grantee
- Quiet title action where ownership is genuinely disputed
- Bond or escrow holdback where a lien amount is contested
Questions
Good to know.
Sometimes, using an escrow holdback or indemnity acceptable to the underwriter and lender. It depends on the amount and the nature of the lien.
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