Buying and selling real estate isn’t a quick process, and for good reason. A valuable asset is changing hands, as well as a lot of money. Most transactions run smoothly, with both the buyer and the seller operating in good faith. But sometimes you’ll encounter title defects (known commonly as title clouds) that can bring ownership into question. If title clouds are discovered, they must be resolved prior to closing.
The good news is that you can protect yourself with an investment in title insurance. Title insurance covers legal fees and other expenses that you’ll encounter if you ever find yourself dealing with some of these common title clouds:
Clerical Errors
An errant keystroke or a missing sentence in a property description can significantly delay a real estate transaction if not discovered in advance. Clerical errors aren’t intentional, and are usually easy to resolve, but you definitely want to get them corrected well ahead of your scheduled closing date.
Unpaid taxes and unresolved liens
A common tactic that creditors take against homeowners is to file a lien against their real estate until back taxes or legal judgments are settled. If the homeowner owes child support, property owners’ association dues or other debts, closing cannot proceed until those liens are resolved.
Fraud and forgery
Most title clouds are simply mistakes, but outright fraud delays hundreds of real estate transactions a year. If your title search reveals forged signatures, or falsified documents, you could be in store for a lengthy and expensive legal battle.
Unknown Heirs
A surprising number of property owners die without leaving a will, and when someone fails to leave clear instructions on how their estate is to be liquidated, you could find yourself spending months in probate court dealing with children, ex-spouses and other relatives who may have a legitimate claim to the property.
Title disputes are inconvenient and expensive, and you definitely don’t want to pay to resolve them out of your own pocket! Before you proceed with any real estate transaction, contact us at First National Title and let us tell you more about title insurance. We’re one of the leading title insurance companies in Arkansas, with hundreds of combined years of experience in the title business. Call or visit any of our 9 convenient Arkansas locations, and let us help your real estate transaction run smoothly!