Applying for Jobs with a Criminal Record: Know Your Rights

Common Errors Found During Title Investigations

9 September 2016

Michelle Garrett

The home buying process is complex. This is particularly the case when it comes to the title. It doesn't matter if you've been approved for the mortgage loan and signed all the paperwork, if there is a discrepancy with the title – your dreams of owning the home could literally be zapped away. Here are just some of the title issues that homebuyers can face.

Incorrect Data

Titles should be 100 percent accurate. Of all the issues homebuyers may face, this is generally the easiest to correct. For example, say the title lists the property at 100 Lacreme Way, but the actual address is 100 La Creme Way.

This may seem minor, but an erroneous property record can be problematic when you try to sell the home or pass it on to a loved one in the future. Getting this information fixed is generally as simple as having the seller get the title corrected and once this correction has been confirmed, you can proceed with the buying process.

False Ownership

False ownership is the discovery that the said owner really isn't the owner. A person claiming to be the owner could be trying to be deceptive or it could be a mistake. For instance, some criminals find abounded properties and put them on the market, as the homeowner. However, once the title is investigated its often discovered that the person has no legal connection to the property.

Another instance is estate mistakes. For example, the said owners' grandfather may have told them the home was there when he passed, but according to the will, it was actually passed down to all seven of his grandchildren. In this instance, the person would have to work with the other people on the property before it could be sold.

Lien Claim

Another issue is a lien claim. Lien claims are judgements placed against a property by an organization that has either lent the property owner money or is due money for the property. A common claim is unpaid taxes. For instance, if the owner failed to pay their property taxes, the government may put a lien on the property requiring that the taxes be paid before it is sold.

Another example of a lien could be from a construction company that performed work on the property, but was never paid. When faced with this type of issue, understand that you cannot proceed with the sale until the judgment has been satisfied.

While an attorney can't help you avoid a title discrepancy, an attorney can ensure you are protected in the event of a discrepancy. Whether it's helping you negotiate a title correction or ensuring your money is protected should the sale fall through, an attorney can protect you. For more information, contact a firm such as Garcia, Kinsey & Villarreal, P.L.C.

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