What Types of Defects Can You Encounter with Property Titles?
Despite the fact that you negotiate favorable financing, a property meets all your needs and you resolve zoning and land use issues, your efforts can be futile if no clear title exists to the property. When performing due diligence for a real estate transaction, a Pleasanton real estate lawyer must ensure no title defects exist.
When a thorough title search discloses property defects, you should work with a real estate attorney to handle the defects before engaging in a real estate transaction. Common defects include:
- Failure to include a spouse's signature
- Forged deed or mortgage release
- Public official error in recording of ownership
- Tax liens on the property
- Property under forfeiture to the government
- Undisclosed encumbrances on the property such as mortgages or easements
One means of remedying a title defect is for a Pleasanton real estate lawyer to file a quiet title action. In a quiet title action, the plaintiff brings a lawsuit against other potential property owners to clear the cloud (defect) on the property. The court reviews the evidence and renders a ruling as to property ownership. When real estate changes ownership a number of times, property ownership can become confusing (clouded). For example, when a person selling a piece of property dies before the sale transaction finalizes, a will may leave the property to an heir or, if the person dies without a will, the property becomes subject to California intestate succession laws.
Garcia & Gurney, ALC can help you address issues involved with titles to protect your real estate investment or acquisition.