A title defect (an old lien, a missing heir's signature, a boundary discrepancy) can hold up a real estate closing indefinitely if it isn't resolved properly. We work to clear title through negotiated releases, quiet title actions, or litigation where necessary.
Lead attorney on every case we take, backed by a dedicated legal team you work with directly.
Older Philadelphia rowhomes in particular carry decades of deed history, and a defect discovered during a title search (an unresolved estate, a decades-old mortgage never formally satisfied) can threaten a closing that's otherwise ready to go. We move quickly to resolve those defects so your transaction isn't the one that falls through.
Title insurance protects against defects that existed but went undiscovered at closing, it doesn't retroactively fix a defect that's already been identified before the policy issues. That's an important distinction for buyers and sellers alike: once a title search flags a problem, resolving it (through a negotiated release, a corrective deed, or a quiet title action) generally has to happen before closing, rather than being something a policy will simply absorb after the fact. Understanding which category a given defect falls into shapes how quickly, and through what process, it needs to be resolved.
Title Issue
Title issues plague conscious homeowners all the time. A title to a property is the same thing as the deed. The term “deed” in general refers to real estate property. The title references other physical property such as a car, boat, motorcycle, etc. Issues with titles and deeds can cost a title owner time and money.
At Freundlich & Littman, LLC we are your dedicated and experienced title issues attorneys. We handle deed transfers and the issues involved with a poor title. The manner in which a deed transfers owners is important to title issues. Promises by previous owners are important to resolve title issues. One mistake could mean that the title of a piece of property is defective. Legal counsel is often necessary to handle complicated title issues.
Types Of Deeds
An important first step to understanding title issues is general knowledge of deeds. Not all deeds are the same. Certain deeds will allow you to sue a previous owner if there is a defect in your title. The previous owner will then be liable for any financial loss experienced following a defective title.
Take note – you must understand the type of deed transfer before agreeing to the purchase. Otherwise, the implications shock you down the road. In fact, this is where title issues begin.
Warranty Deeds: In Pennsylvania, most people complete housing and other real estate transfers via a warranty deed. As a buyer, this deed is useful. A warranty deed, as the name suggests, provides a warranty on the property. The current owner makes a legally binding promise that the property is “good and marketable.” This means that the property is free from defects. Defects include liens against the property or third party claims to the deed.
Quietclaim Deeds: These deeds are common among real estate transfers. Often, a seller will list homes subject to liens, heavy mortgages, or foreclosure as “as-is.” This distinction is another name for a quitclaim deed. This means that the current owner holds no legal obligation to the future owner. The owner is not required to protect the buyer from third-party entanglements. This dead is not as safe for prospective homeowners. The plus side is that these home tend to be less expensive.
Types Of Title Issues
Even if a property transferred to you with a promise of “good and marketable title”, it does not mean that a title is without defect. A defect affects the value of a property if you cannot deliver marketable title.
Liens: A lien on a property is like a boot on your car. The placer of the boot has a legal right to do so, but it makes it hard to move your car. Likewise, a lien sticks to the property. Even if you did not earn the tickets or take out the loan, you are still responsible for paying it back.
Clerical Errors: Small errors in the deed or the filing of the deed cost time and money to fix.
Bad Deeds: Not all deed transfers are legal. For instance, a minor misrepresenting themselves as an adult cannot transfer a deed. This makes the title defective. Similar, illegal immigrants, a person not within their right mind, or someone in illegal possession of the title cannot transfer title. A forged signature or deed is a defective title.
Wills: Wills and estates often affect the quality of a title. A person who is legally allowed to transfer property may do so through a will or through intestacy if there was not a will. A dispute over heirs or a will affect the marketability of your title. In fact, a court may determine that you do not have the legal right to the title.
Unmarketable Title: Part of the concept of a marketable title is that the property is without easements. An easement is a legal term that means a non-owner has the legal right to access the property. This could mean that your neighbors may legally pass through your property. Transferring a property with an easement means that the property is unmarketable. It affects the value of your title. The previous owner must inform you of the easement prior to the transfer of title.
PA Title Issue Attorneys
We are your title issue lawyers. A defect with your title can mean that you lose money, credit, and even your property. A court battle is the only means to fix a defective title. We can help you clean up your title for you. Do not hesitate to reach out to us for legal counsel.
Contact us today for a free consultation and case evaluation.
