Philadelphia Title Issues Lawyers
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Philadelphia Title Issues Lawyers
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.
How Do You Resolve Title Issues?
Title issues can be common for many reasons, from poor record-keeping to lack of information. Common title issues can include unknown creditors who own interests in the property, missing heirs to deeds, unknown easements or covenants granted to previous owners, boundary disputes, and more. There are a few common solutions to address some of these common title issues, though generally it is vital to seek the assistance of a lawyer to clean up title issues, because it often requires drafting new legal documents to resolve the title issue. First, it is possible to check your title against public records, because if the public record supports your claim to dispute the title issue, the claims against you will be weaker. Second, it is possible to dispute the issue, though this is a difficult process depending on the method by which ownership was granted to the titleholder. It is also possible to acquire title insurance, which allows you to recover from a title insurer for any loss of title through defects such as liens or debts owed on the property.
Since each property has its own deed, and property is unique, the issues arising with a title and possible solutions will likely also be unique. In order to be prepared in the event of a title issue, it is best to be informed from the start, searching the public records for your property deeds and boundaries prior to purchasing. However, if you do find yourself having an issue with your title, the property lawyers at Freundlich and Littman, LLC., would be happy to assist you with resolving your title issue. Call us today at 215-545-8500 or email us at email@example.com to schedule a free consultation.
First American, 10 Common Title Problems, First American Financial Corporation 2020.
New Jersey Pleading and Practice Forms, Title Insurance, General Considerations, 2 N.J. Pl. & Pr. Forms § 9:49, September 2019.
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.
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