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Oh, No! There Are Clouds on my Title!

By
Real Estate Broker/Owner with Broadpoint Properties Cal BRE #01324959

This month's California Real Estate Magazine reviews the importance of obtaining a title report and discusses various issues surrounding clouds on title. Home buyers need to pay serious attention to the preliminary title report that they review prior to settlement. Additionally, home buyers must understand that title insurance is vital to protecting your rights to the property that you purchase. 

What Is a Title?

Title is a term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership. Conveyance of the document may be required in order to transfer ownership in the property to another person.

What Are Clouds on the Title Report?

Any document, claim, unreleased lien, or encumbrance that may superficially impair or injure the title to a property or make the title doubtful because of its apparent or possible validity is referred to as a cloud on the title. Clouds on title are usually uncovered in a Title Search.

These clouds range from a recorded mortgage paid in full, but with no satisfaction of mortgage recorded, to a property sold without a spouse's release of interest, to an heir of a prior owner with a questionable claim to the property.

The property owner may initiate a quitclaim deed or a quiet title proceeding to remove the cloud on title from the record.

What Should Buyers Do?

If you are a buyer who has already procured a property, make sure to review the Preliminary Title Report and follow all of the instructions in the article hyperlinked above! If you need any help, feel free to contact me!

Comments(4)

Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

I've been waylaid by a couple of title issues in the last few weeks.  One is resolved but the second one isn't going away without a lot of scrambling to close before foreclosure.  It will be an interesting blog post either way.

Dec 18, 2009 07:06 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Melissa, I'm still working on a botched assignment for a short sale that has been pending since June...the buyer can't close and the seller's mortgage company can't seem to get a release (even though they have title insurance on the property).

Dec 18, 2009 07:19 AM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Melissa - In the past year and a half, I have had more clouded title issues in my clients escrows than I have ever seen in my eight year mortgage career.  Most of deliquent taxes and HOA with many also have city bldg code violations.

Depending on the seller bank, some of the delinquent taxes and HOA's have been deal dreakers for my clients and the bldg code violations while not necessarily deal breakers, they are most certainly a pain in the @$$ to resolve. 

The thing that pisses me off the most about all of these issues is that at the time of listing the property, the listing agents and their seller bank already know about these issues and never disclose them voluntarily.  There have even been those who when confronted with supporting documentation that they did in fact have prior knowledge of these issues will still deny that they knew anything.  AAARRRGGFGHHH!!!

Dec 18, 2009 07:32 AM
Mary Douglas
United Country Ponderosa Realty, Red Feather Lakes, Colorado - Red Feather Lakes, CO
REALTOR, Red Feather Lakes, Colorado

Hi Melissa, That's a great article, thanks for the link.  I like the acronym OMG rights, too!  It's uncanny that we both wrote about title insurance this week.  Great minds think alike :-)

Dec 18, 2009 12:43 PM