When someone is getting a mortgage, the lender requires a title search. Often, no defects in the title are discovered. However, if a Property Law Attorney in Chico CA discovers a problem with the title, the problem must be resolved before sale.
In theory, if a home has been bought and sold several times, there shouldn’t be any issues since the title had been searched previously, but it happens. A few of the possible reasons for an undiscovered title problem are shown below.
Public Records Errors
Clerical or filing errors can affect someone’s property rights, causing significant havoc and financial strain before the issue is resolved.
Previously Unknown Liens
Contractors or others who were owed money by previous owners may have placed liens upon the property. New liens could be placed on the property because of the previous owner’s unpaid debts even after the closing. Anyone purchasing a distressed property should be particularly vigilant.
A will may have left the property to one or more people whose whereabouts were unknown. Later, the missing person could reappear claiming their rights to the property. This will have to be dealt with.
A property could appear to have an unblemished chain of title, but a prior deed could have an illegal element that could affect the current owner’s title. Such illegalities might include a married person claiming to be single so that the spouse never signed off, a minor’s signature or a deed signed by a mentally incompetent person.
An easement allows someone else to use the property in a designated way, such as allowing a road through the property to reach another property. A government agency might have a right to access the property for some reason. A previously unknown easement would affect the current owner’s right to use their property as they wished and adversely affected its resale value.
Cash buyers for a piece of property are sometimes tempted to bypass a title search in the belief that any issues would have already been discovered. The cost of a title search is minor when compared to the cost of resolving any problems that could appear at a later date. The Law Office of Raoul J. LeClerc has been dedicated to providing real property solutions for 50 years. To discuss your property issue with an experienced Property Law Attorney in Chico CA, visit Leclerclawoffice.com.