Common Title Problems

When buying or selling a home, few things are more important than ensuring you have a clear, marketable title. Yet for many buyers, sellers, and even real estate professionals, the specifics of title issues can be confusing. Title problems are among the leading causes of delays or disruptions in real estate closings. At Hera Title, we specialize in identifying and resolving common title problems before they become major headaches.

This guide will explain the most common title problems, why they matter, and how Hera Title can efficiently resolve them to keep your transaction on track.

Why Title Problems Matter in Real Estate

A “title” is the legal right to own, use, and sell a property. When you purchase a home, you’re not just taking possession of the physical space – you’re acquiring legal ownership. The entire transaction is at risk if that ownership is unclear or disputed.

Common title problems can:

• Delay or derail the closing process
• Create legal disputes post-sale
• Impact financing, refinancing, or future resale
• Lead to unexpected financial liabilities

Working with a professional title company like Hera Title is essential for both buyers and sellers to navigate and mitigate these issues early in the process.

10 Common Title Problems That Can Impact Your Closing

At Hera Title, we understand that clarity of ownership is crucial for a smooth transaction. By proactively addressing common title issues, we aim to provide peace of mind to both buyers and sellers and ensure a seamless closing experience.

1. Unknown Liens

One of the most common issues found during a title search is the presence of a lien. This is a legal claim against the property for unpaid debts, such as contractor fees, utility bills, or back taxes. A lien does not disappear simply because the property is sold. If unresolved, it can prevent a clean transfer of ownership.

How Hera Title helps: We conduct a comprehensive lien search as part of our standard title services and work with all parties to resolve outstanding debts before closing.

2. Errors in Public Records

Clerical errors in courthouse filings, such as misspelled names, incorrect legal descriptions, or recording mistakes, can lead to disputes over boundaries or ownership. Even a single-digit error in a parcel number can create long-term complications.

Our solution: Hera Title’s expert team reviews all relevant records to catch discrepancies and file necessary corrections with local agencies.

3. Illegal or Defective Deeds

In some cases, previous deeds in the chain of title may have been executed by someone not legally authorized. This could include minors, individuals declared mentally incompetent, or people acting under coercion.

What we do: We verify the legitimacy of every transaction in the title history to ensure the deed you receive is legally valid and enforceable.

4. Missing Heirs or Unresolved Inheritance

If a previous owner passed away without a clear will or full estate resolution, heirs may come forward after a sale to claim rights to the property. This is especially common in cases involving generational or inherited homes.

How Hera Title protects you: Our team investigates any history of probate proceedings and confirms rightful ownership before proceeding to close.

5. Boundary or Survey Disputes

Disputes over property lines can arise from outdated or inaccurate surveys. A neighbor may claim part of your land is theirs, or an easement may not be adequately recorded.

Our approach: We recommend up-to-date surveys and provide clarity on boundary lines to avoid post-sale conflicts.

6. Forgery and Fraudulent Documents

Real estate fraud can include forged signatures, fabricated documents, or impersonation of rightful owners. These cases may not be evident until long after the transaction is complete.

Why title insurance matters: Hera Title’s insurance partners help protect you financially if fraud is uncovered after closing.

7. Undisclosed Easements

An easement gives another party legal rights to use a portion of your property, such as for utility access or a shared driveway. Easements can restrict how you use your land and may be hidden if not appropriately disclosed.

Our process: We identify and disclose all recorded easements during the title review, helping you make informed decisions.

8. Undisclosed Encumbrances

Besides liens and easements, other encumbrances, such as existing leases, covenants, or restrictions, can limit how you use the property. These are often buried in old documents or not clearly explained.

Hera Title’s role: We review and explain all encumbrances so there are no surprises at or after closing.

9. Probate and Estate Complications

Selling a property tied up in probate requires strict legal compliance. Ownership may not be legally transferable if the estate was not properly settled.

Our expertise: We verify probate completion and ensure all signatures and documentation are in order before closing begins.

10. Previous Ownership Disputes

Unresolved divorce settlements, conflicting wills, or business disputes over ownership shares can cloud title. These issues may surface if parties never legally relinquished their claims.

We handle this by tracing the whole history of ownership and resolving any disputes before the title is transferred to a new buyer.

How Hera Title Resolves Common Title Problems

At Hera Title, we take a proactive approach to real estate closings. Our expert team works behind the scenes to identify, flag, and fix title issues before they can impact your timeline. Here’s how we handle it:

• Thorough Title Searches: We dive deep into public records, historical deeds, and court filings.
• Experienced Problem Solvers: Our title officers are trained to resolve issues quickly, from quieting title to filing affidavits of correction.
• Partnership with Legal Professionals: When necessary, we collaborate with attorneys to cure defects and ensure legal compliance.
• Transparent Communication: You’re never left in the dark – we keep real estate agents, lenders, and both parties fully informed throughout the process.
• Title Insurance Options: We offer lender and owner’s title insurance policies for long-term protection against claims.

Tips to Avoid Title Issues in Your Real Estate Transaction

• Start Early: Order a title search once the purchase agreement is signed.
• Work with a Reputable Title Company: Not all title companies offer the same level of diligence. Hera Title’s commitment to accuracy sets us apart.
• Review Documents Thoroughly: Don’t rush through your closing paperwork – ask questions and confirm names, legal descriptions, and loan information.
• Purchase Owner’s Title Insurance: While optional in some states, it can save you thousands in the long run.

Trust Hera Title to Protect Your Property Investment

Buying or selling a property is one of the most significant financial decisions you’ll make – don’t let common title problems stand in the way. At Hera Title, we combine technology, experience, and personalized service to ensure your closing is smooth, secure, and stress-free.

Contact us today to learn more about how we can help you navigate the title process with confidence.