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What makes a title defective in real estate

On Behalf of | Jul 21, 2021 | Real Estate Litigation |

When an individual goes to buy a property in Florida, they may find that they can’t do so because of a property title that’s defective. Sometimes these issues can get fixed quickly, and other times it takes more time than it’s worth. These are some of the things that make a title defective in real estate.

Unpaid debts

This is a common reason why a title gets deemed as defective. These types of unpaid debts tend to include liens from a creditor, contractor or the government. Fortunately, this matter can get settled fairly quickly if the individual pays off these debts. However, these debts may be very expensive.

Errors with public records

Sometimes, an error with a public record causing a defective title. This can happen when the property doesn’t have a sufficient legal description, someone’s name gets left off of the deed or one of the documents is filed incorrectly. The process to correct these errors is often lengthy but usually isn’t very expensive.

Ownership disputes

These types of defective titles often come with real estate litigation. Missing heirs or separated spouses are the most common cause of ownership disputes. It can take years for these types of disputes to get resolved and can cost a lot of money.

If you are in the process of buying or selling a house and found out that the property has a defective title, you do have options. You may want to seek the assistance of an attorney who has experience in matters involving real estate so that you could try to get it resolved as soon as possible.