MAYBE….. A title defect is anything that prevents a title company from issuing a title policy unacceptable to the buyer. Some examples are:
• Invalid documents due to forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation.
• Failure of any person or entity to have authorized a transfer or conveyance.
• A document affecting title that is not properly executed, signed, witnessed, notarized, or delivered.
• Undisclosed or unrecorded easements not otherwise apparent on your land.
• No right of access to and from the land.
• A document executed under a falsified, expired, or otherwise invalid power of attorney.
• A document not properly filed, recorded, or indexed in the public records.
• Ownership claims by undisclosed or missing heirs.
• Defect arising from an improper prior foreclosure.
• Undisclosed restrictive covenants affecting your property.
• Any statutory or constitutional contractor’s, mechanic’s, or materialman’s lien for labor or materials. An unreleased mortgage or deed of trust, a judgment, tax, or special assessment. Although the seller is technically responsible, we as the title company use this as a Value Added Service to earn your business.
