It’s not rare for there to be glitches associated with getting the title of a home, but oversights can lead to major problems down the line. Often, the issues don’t come to light until a homeowner is trying to sell or is facing foreclosure. You can avoid title turmoil by being educated about these common issues before purchasing a home, and knowing what to do if you’re faced with them after closing.
1. Clerical Errors
The most obvious reason for an issue to arise is the result of a clerical error. These errors are easily made, but hard to fix. A simple mistake in filing can end up being costly for a homeowner, so it’s important to catch them early on.
2. Illegal Deeds
There are many reasons why a deed might be nulled. For instance, if a deed was made by someone who was not legally able to make it (i.e. if the individual was not of sound mind), your deed may be difficult to enforce. The same would be the case if someone falsely impersonated the owner of the property or a forgery took place. Even deeds made prior to your own can impact your current deed if they are fraudulent.
3. Hidden Liens
Unpaid debts can come back to haunt you, even if they’re not your own. If a debt is tied to your property, banks might place a lien on your home or land, making the previous owner’s debts your responsibility.
4. Land Disputes
There are two common issues dealing with land ownership that can emerge after closing on a home. One of these is when past surveys of your property don’t match up, calling into question how much of your property you actually own. The other common land dispute involves a third party arising with claim to your land. This is often the result of an oversight by the previous owner, or a missing heir to the property suddenly showing up.
In the event that problems arise with your title, immediately seek legal counsel. If you have unresolved issues with your deed, an attorney can file an “Action to Quiet Title” to halt claims against your ownership until the situation is resolved. Schedule a free consultation with our team of experienced Miami foreclosure attorneys to learn more.