No matter the type of real estate transaction you encounter, any problems regarding the title must be fixed first before the seller can legally transfer ownership to the buyer. That being said, title issues come in all forms, making it challenging for those who have never bought or sold real estate before to fully know whether they’re free from such issues.
That said, if you’re curious as to know what kind of title issues exist, here are some that you might encounter:
1. Declared Bankruptcy
We know it’s bad to declare bankruptcy, and we all know that declaring bankruptcy means that you’re in financial debt. But what if you declared bankruptcy and this was published somewhere in the public domain?
If you do, your title may suffer. Agents and potential buyers will be less likely to buy the property. This is because the property is now tainted by a bankruptcy case. They will wonder if the seller will have any financial issues once the transaction is complete. This is also true if the seller has declared bankruptcy before. In this case, you will need to file for an exception to clear the record, which will cost some money but will at least clear your title from bankruptcy.
2. Non-Payment of Taxes
If the seller has overdue taxes, the agent or buyer will usually use the deed through the tax offices to check if the property has unpaid taxes. If they find it posted there, they will ask you to pay the back taxes before they can proceed with the transaction.
3. Foreclosure
Title to the real estate can be affected by foreclosure. This is also true if there’s a foreclosure that has been filed. If you are planning to buy a property that is still under foreclosure, you should ask the title company whether you can proceed with the transaction. For instance, if the foreclosure is not yet complete, you might want to walk away from the deal. On the other hand, if the foreclosure is complete and you still want to proceed with the transaction, you should ask for a foreclosure title search to find out exactly the property’s status.
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4. Liens
When someone is allowed to secure a claim on a property, this is called making a lien. The lien is released once the claim is paid. There can be various types of liens, such as a mortgage, tax lien, judgment lien, unpaid contractor or unsecured lien, and construction lien. It’s best to check the property’s title status to ensure that the title is free from any liens.
Conclusion
If you’re wondering whether the property you want to buy is free from title issues, you should find out what you need to know. Always do a title search before buying the property to protect yourself from any potential title issues. If you’re selling your homes, prepare to take care of any title issues you may have. Just remember that you can’t legally sell your real estate property without a clear title. That said, doing title research yourself can be difficult, so it also pays to work with real estate agents who have experience helping their clients with real estate transactions.
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