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The title and the property cannot be legally transferred until the title defect is resolved. The titleholder must take care of all and any issues. For example, if there are tax liens on the property, the homeowner must pay off outstanding taxes before going through with the sale.
Title insurance protects home buyers against covered title defects, such as a previous owner's debt, liens, and other claims of ownership.
Title insurance guarantees you or your lender against losses from any defects in title that may exist in the public records at the time you purchase that property, and certain other risks described in the title insurance policy.
Once an owner is made aware of any title defects, the owner can attempt to remedy the defects. Liens are remedied by paying off the debt that is held by the lienholder. Improper descriptions of the property in the deed can be remedied by asking a court to reform, or modify, the terms of the deed.
A quitclaim deed is often used to cure a defect (a "cloud on the title") in the recorded history of a real estate title.
Disclosing Home Defects: Sellers' Responsibilities If they forget or refuse, the sale is not valid. If a new home buyer discovers a material defect that the seller failed to disclose before the close of the sale, the law may give them the right to cancel the transaction.
What is a title defect or encumbrance? A title defect is a problem or omission associated with the title that impairs your ownership rights to the property.
Title insurance protects you and your lender if someone challenges the title to your property. This may be in the form of an alleged title defect, which was unknown to you at the time you purchased the property, but came to light at some future date during your ownership of the property.