A defective title is a title to real property that has one or more outstanding claims or encumbrances against it. This means that the title is not clean and clear, and that the owner may have difficulty selling or transferring the property. In some cases, a defective title may even make the property uninsurable.
There are a number of ways in which a title can become defective. For example, if the property was previously foreclosed upon, there may still be a lien against it from the previous owner's mortgage. Or, there may be a claim of ownership from another party. In either case, the current owner would need to resolve the outstanding claims before the title could be considered clean and clear.
Defective titles can be very difficult to resolve, and the process can be costly and time-consuming. In some cases, it may even be necessary to hire a lawyer to help resolve the issue. If you're considering purchasing a property with a defective title, it's important to understand the risks involved and to consult with a professional to ensure that you're taking all the necessary steps to protect your investment. How do you remove a defect from a title record? If you find a defect on your title record, you will need to contact the title company or attorney who prepared the record. They will be able to remove the defect and re-issue the title record.
What is a defective document?
A defective document is a document which contains errors or omissions which make it invalid or unenforceable. The most common type of defective document in the mortgage industry is a mortgage note which contains errors in the legal description of the property, the names of the borrower or lender, or the amount of the loan. Other types of defective documents include deed of trust instruments which are not properly notarized, and mortgage documents which are not properly signed or witnessed.
What makes a title bad? There are a few things that can make a title bad. One is if the title is not properly recorded with the county. This can happen if the person who owns the property doesn't file the necessary paperwork, or if there is a mistake made when recording the title. Another thing that can make a title bad is if there are liens or judgments against the property. This can make it difficult for the owner to sell or refinance the property. Finally, if the property is in a flood zone or has other environmental issues, this can also make the title bad.
What is a qualified title?
A qualified title is a title that has been vetted by a professional title company or an attorney to ensure that it is free and clear of any liens or other encumbrances. This is important because it ensures that the property can be transferred to the buyer without any problems.
What is one of the most common problems faced in a title search? One of the most common problems faced in a title search is the potential for a lien on the property. A lien is a legal claim against a piece of property, and if one is found during a title search, it must be paid off before the property can be sold. Liens can be placed on a property for a variety of reasons, including unpaid taxes, outstanding home equity loans, or unpaid contractor bills.