Real estate title problems can arise unexpectedly, delaying closings, hindering property sales, or even sparking costly legal battles. Clear title is essential for proving ownership and protecting future interests, yet issues like liens, easements, and errors in public records can cloud that clarity. An experienced real estate attorney can assist with these issues.
At Slater Cosme, PC in Pasadena, California, we help clients manage these title concerns with confidence and precision. As seasoned real estate attorneys, we investigate title defects, identify their causes, and craft effective solutions tailored to each situation. Read on for more information.
What a Clear Title Means in Real Estate Transactions
A clear title means the current owner has legal ownership and the right to transfer the property to someone else without disputes. It confirms there are no legal claims, liens, or unresolved issues that could interfere with the sale or refinancing process.
Buyers, sellers, and lenders all rely on clean title status to complete a transaction. Without it, sales can fall apart or end in litigation. That’s why most closings include a title search—and why the help of a real estate attorney is so valuable in spotting and resolving problems early. Next, let’s look at the most common types of title issues.
Common Title Problems That Affect Property Transfers
Title issues can stem from a range of sources, including errors in legal descriptions, misfiled paperwork, or unpaid debts. Each issue can put your ownership or sale at risk if left unresolved.
Some of the most frequent title problems include:
Liens: These are claims against the property by creditors, such as tax liens, contractor liens, or unpaid mortgage balances.
Boundary disputes: Overlapping property lines or conflicting surveys may cause ownership confusion.
Missing heirs: If someone with a rightful inheritance was overlooked, they could later challenge ownership.
Errors in public records: Misindexed deeds or clerical mistakes can throw title history into question.
Illegal deeds: A previous owner may have transferred title improperly, such as without full legal authority or during fraud.
A real estate attorney will help investigate these problems and determine what steps are needed to fix them before the transaction can move forward.
How Title Searches Work and Why They Matter
A title search is a key part of any real estate deal. It involves reviewing public records to trace ownership history and check for claims or encumbrances. The goal is to verify that the title is clean and free of defects.
Title companies perform the initial search, but issues they flag often require legal analysis. That's where your real estate attorney comes in. We review the findings, interpret legal language, and identify risks.
If we discover a problem, we work to cure it before it becomes a legal obstacle to ownership. This leads us into the next topic—how title insurance fits into the process.
The Impact of Title Insurance in Protecting Buyers
Title insurance is designed to protect buyers and lenders from financial loss due to hidden title defects. Even with a thorough title search, some problems may not surface until after closing. A real estate attorney helps clients understand what coverage includes and how to respond if a claim arises.
Most policies cover issues like forgery, fraud, unknown heirs, and misfiled documents. The policy lasts as long as the buyer owns the home. But it's not a substitute for resolving known defects—those still need to be addressed before closing. This is why title resolution work is often needed long before insurance becomes relevant.
Legal Tools to Cure Title Defects
When title issues are identified, they usually must be resolved with legal documents or court action. Your real estate attorney will explain what tools apply and how long the process might take.
Some of the most effective tools we use include:
Quiet title actions: This is a lawsuit that asks the court to settle ownership disputes and “quiet” competing claims.
Release of lien: If a lien was paid but never officially released, we help obtain the proper release documentation.
Corrective deeds: These fix errors in prior deeds, like misspelled names, incorrect legal descriptions, or missing signatures.
Affidavits of heirship: In cases involving deceased owners without a will, these help establish rightful ownership.
These tools are essential in moving from title problem to property ownership. While legal steps are important, real estate transactions also require coordination, which brings us to who’s involved in the resolution process.
Parties Who Play a Role in Title Resolution
Clearing a title often requires working with more than just the buyer and seller. Title agents, lenders, past owners, and even government agencies may need to be involved to fully resolve the issue.
Your real estate attorney acts as a liaison between these parties. We coordinate communications, gather documentation, and confirm that all necessary steps are completed before closing.
Depending on the problem, we may also involve surveyors or probate professionals to provide additional support. This kind of teamwork is essential in reaching a resolution that satisfies all legal and financial obligations.
How Title Problems Can Affect Financing and Closing
Title defects can derail a deal just when you think everything is ready to close. Lenders often refuse to fund loans until title problems are fixed, and buyers may walk away if delays stretch too long.
Some key risks that affect closing timelines include:
Unreleased mortgages: Prior mortgages that appear unpaid on record, even if they’ve been paid off, can halt the sale.
Pending lawsuits: A property that’s part of a legal dispute may require court approval before a sale can proceed.
Unclear ownership: In cases with multiple owners or heirs, all parties must consent to the sale.
These issues aren’t always easy to spot, but a real estate attorney knows where to look and how to act quickly when problems surface. Let’s now look at how commercial transactions differ from residential ones in terms of title concerns.
Title Issues in Commercial Property Transactions
Commercial properties face many of the same title issues as residential ones—but often on a larger scale. Multi-owner histories, zoning complications, and large-scale financing all increase the likelihood of a defect emerging.
In commercial transactions, a real estate attorney is critical for reviewing due diligence documents, lease agreements, and complicated title reports. We also help negotiate title endorsements that address unique property uses or structures. The stakes are often higher in commercial sales, making legal review an essential part of any purchase.
Fixing Title Issues Before Listing a Property
Sellers who uncover a title problem before putting their property on the market are in a better position to resolve it without delaying the sale. Your real estate attorney can conduct a pre-listing title review and begin any legal steps needed to clear the title.
Being proactive not only prevents surprises but also builds buyer confidence. Clean title makes your property more marketable and helps you avoid rushed fixes later on. This approach is especially useful in inherited properties or long-held real estate that may have murky ownership histories.
Avoiding Future Title Issues During Transactions
The best way to handle title issues is to prevent them from arising in the first place. A careful review of documents, strong communication with all parties, and attention to detail during the transaction go a long way.
Some steps we recommend to our clients include:
Requesting a title search early: Don’t wait until closing to uncover problems.
Reviewing deed history: Make sure each transfer was properly recorded and executed.
Verifying lien releases: Confirm that past loans, judgments, or claims are officially cleared.
Using a real estate attorney: Legal review helps catch language that title companies may overlook.
These precautions can help make the closing process smoother and reduce the chances of future legal trouble.
Speak With a Real Estate Attorney Today
If you're facing a title issue or want to make sure your property is ready for sale or purchase, we're here to help. At Slater Cosme, PC, we’ll review your records, identify any risks, and handle the legal work needed to protect your transaction. Located in Pasadena, California, we serve clients throughout Los Angeles County. Contact us today to speak with an experienced real estate attorney.
