Coral Gables Title Defect Lawyer

Any real estate purchase is a significant investment. A title free of clouds and encumbrances is your assurance that no one else has a claim to the property after the closing.

Various situations and events can lead to clouds on a property’s title. A Coral Gables title defect lawyer is educated as a title defect lawyer and can often resolve issues, such as liens and encumbrances that appear on title, with investigation and negotiation. In some cases, your title and deed attorney must file a court action to resolve a title defect.

What Is a Title Defect?

Whenever property is transferred from one owner to another, the transfer is recorded in the Circuit Court Recorder’s office. Similarly, when someone obtains a right to property through a mortgage, easement, life estate, or some other means, that interest is also recorded.

If an interest in property is recorded, but no satisfaction of the interest appears on the records of the property, the title to the property has a defect or cloud. There are various types of title defects that appear frequently.

Mortgages

It is common for a property owner to have a mortgage. The amount owed on the mortgage is paid at closing, and the mortgagor releases their lien. However, sometimes, an examination of the title reveals earlier mortgage claims, but there is no record indicating that the claim was satisfied.

A title defect attorney could contact the earlier mortgagor to confirm that the debt was paid and just not properly recorded in Coral Gables. In that case, the mortgage holder will then cancel the lien. In some cases, it may be necessary to bring a quiet title action to remove the cloud from the property’s title.

Liens

People and entities with financial claims against a property owner may place liens on the property. Liens from tax authorities, homeowners’ associations, and contractors are the most common. Like mortgages, liens are typically paid off and released at closing.

Ambiguous or Disputed Boundary

There are often disputes with adjacent property owners about the location of the property line. Land surveys may establish conflicting boundaries for the property. A thorough review or re-survey may reveal that someone is encroaching on the property.

It is essential to resolve these issues before purchasing. In some cases, a prospective buyer may choose to walk away from the property rather than assume the risks of unresolved boundary issues.

Probate Issues

When an estate offers a property for sale, it is essential to scrutinize the probate process. A buyer should ensure that all creditors’ claims against the estate have been satisfied or can be satisfied at closing. If an heir is missing, a person could later claim an interest in the property.

Technical Defects

A review of the chain of title sometimes reveals spelling errors and similar mistakes. Technical errors like these can be resolved by filing a corrective deed.

A seasoned attorney at Jacqueline A. Salcines, P.A., could investigate any potential title defects and help you successfully clear them before you finalize your transaction.

What Are Quiet Title Actions?

A cloud or encumbrance on a title can make it difficult or impossible to insure the title, get a mortgage, or transfer ownership. Although investigation, negotiation, or recording of a corrective deed can often remove clouds from a property’s title, sometimes a court action under Florida Statutes § 65.021 is necessary.  These lawsuits are called quiet title actions or actions to remove a cloud.

When a quiet title action is successful, a Circuit Court judge issues an order clearing the clouds from the property and affirming the owner has a clear title. The owner can record the court’s order as proof that any clouds on the property’s title have been resolved.

Quiet title actions are procedurally complex and may require substantial supporting evidence to be successful. Working with an experienced Coral Gables property title attorney is essential to navigate and resolve any title defects.

Work With a Coral Gables Attorney to Resolve a Title Defect

If you are buying or selling property and there may be a cloud on its title, don’t go it alone. You need the help of a dedicated Coral Gables title defect lawyer to protect your legal and financial interests.

Contact Jacqueline A. Salcines, P.A., for help today. As an experienced attorney, accountant, and title company owner, Jacqueline is knowledgeable about property title issues and knows how to resolve them efficiently and effectively.