How To Sell Your Home With Title Issues
You’re ready to sell your home, everything is going to plan, and suddenly you learn there’s a problem with the home’s title. In just about every type of real estate transaction, there’s some kind of issue with the title that gets in the way. From defects like judgments or liens to title errors, nobody wants to deal with a title issue when they’re selling your home.
Before you’re able to sell your home, you need to resolve your title issues. Luckily, it doesn’t have to be complicated. You’ll be on your way with your home sale sooner than you think. In this guide, we’ll discuss the most common title issues homeowners face and how to sell your home with title issues.
Common Title Issues When Selling Your Home
Every home has its own history, and this might include title problems you don’t even know about. The best way to learn if your home has any problem is to do a title search. Some of the most common problems you might find are the following:
- Public record errors – First, you might find clerical or filing errors that affect the deed or survey of your home. These can be a pain to fix, so it’s important to discover them early on.
- Liens – Did you know that your property might have prior liens, especially relating to a previous property owner? Even if it’s not your own debt, financing companies can still place liens on the property.
- Illegal deeds – Though not very common, even if you think all of the homeowners who came before you were perfectly sound, they might have affected the enforceability of the deeds. For instance, the home might have been made by someone who reported single but is actually married, an undocumented immigrant, or even a minor.
- Survey disputes – Even if you had surveys done before purchasing, there might be additional surveys showing new boundary lines that might allow your neighbor to claim a portion of your property.
- Missing heirs – If the previous owner died before selling, they might have an heir to the property that either was never named or went missing. This person might be legally able to claim the property later on if this lineage can be proven.
- Similar name troubles – If a previous owner or yourself have a common or similar name to a previous owner, you could be falsely “impersonating” a property owner. If this home was sold to you by a false owner, you could lose your claim to the property.
With all of these potential problems, what should you do to protect yourself? First, you should always conduct a title search when purchasing a home. In addition, you can purchase title insurance which will protect your investment.
How to Resolve Title Problems
If you do discover a problem with your home’s title while trying to sell or while conducting a title search, you have options. The title issue needs to be resolved before the property can legally be sold.
First, you’ll need to choose a title company. These will be able to research the problem and direct you towards the best solution. Depending on the severity and type of issue, you might need a real estate attorney. The attorney can give you better information about the cost and strategy for solving the problem.
Another option is to go with a cash buyer. With a cash deal, the purchasing company will become responsible for any title problems, and this means you can sell your home without this added stress. Either way, it’s worth talking to an attorney about your best option.
Ultimately, it’s tricky to handle an issue with your home title. As to whether you can sell your home with title issues, the answer isn’t always straightforward. If you wish to sell your home in the traditional way, you’ll need to settle these issues before the homebuyer can close.
Otherwise, you’ll need to search for an alternative solution for selling if you want to avoid the title problems. Luckily, you’re not without options if you do experience an issue with your home’s title.