What Actions Are Taken If Title Defects Are Discovered Post-Closing?
Title defects discovered after closing often have to be resolved in court, where each side presents evidence of who holds clear title. A real estate attorney can handle both the search and the dispute.
Title searches are the best way to find, deal with, and avoid problems with real estate titles, but if defects do show up after closing or transferring title, it can mean court intervention, which is why a real estate attorney would be a better choice than a title agent for an initial title search because title disputes often end up at the courthouse, where legal proceedings are initiated that involve evidence presented by both sides on who has the right to clear the title of the real estate property.
If title defects arise that prevent the property from being transferred or sold (e.g., someone else claims title to the property), real estate attorneys can help resolve title defects – title agencies will usually bring in real estate attorneys to handle the title issues, which why it may make sense to use an attorney from the beginning.
Title searches are essential for sellers, buyers, and people who transfer deeds to related parties because it checks that there are no title defects before any legal documents or transactions goes through are essential because they protect your interest in real estate and minimize the risk involved with purchasing and owning real estate.
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