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Title searches can uncover troublesome title defects

| Oct 16, 2020 | Real Estate

All homes in New York City have a story to tell, which is why when you are in the home buying process, a title search will be performed. Title searches ensure that the seller legally owns the home. If there are issues with title, they need to be fixed before the property can be sold. The following are some common issues that may come up in a title search.

There are clerical errors in the deed

The deed is the legal document that states who owns the home and gives the specifics about the home. Typos or missing information in a deed need to be remedied and the deed re-filed before the home can be closed upon.

There is a lien on the property

Sometimes the seller may knowingly or unknowingly have a lien placed on the home. If the seller did not pay taxes or has unpaid debts, the government or business they are indebted to can have a lien placed on the home, meaning that the party owed money has an ownership claim to the property. Generally, liens will remain on the title until the debt is paid back.

Boundaries in the deed are vague or incorrect

It is important that the property lines on the deed are clear and correct. If there are errors or missing information regarding boundary lines, it could provide an opening for a neighbor or public entity to claim an ownership interest in the portion of the property that encroaches on their land.

The deed itself is unlawful

Sometimes title to a home is obtained illegally. For example, minors, those of unsound mind or those who state they are single when they actually are not cannot legally hold the deed to a piece of property.

Title searches are important

As this shows, it is important to perform a title search when purchasing a home. Title defects need to be remedied before the sale can be complete. Real estate attorneys in Queens County understand title defects and may be a useful resource.

 

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