5 Title Search Red Flags Every Real Estate Professional Should Know
Whether you're a title agent, real estate attorney, or closing coordinator, catching these issues early can save your transaction ā and your client's investment.
š© 1. Gaps in the Chain of Title
A break in the ownership chain means somewhere between the original grant and today, there's a missing link ā an unrecorded transfer, an unadministered probate, or a defective deed.
What to do: Order a full 60-year search and work with a title attorney to cure any gaps before closing.
š© 2. Unreleased Mortgages
A satisfied mortgage that was never formally released of record is one of the most common title defects.
What to do: Contact the prior lender for a release/satisfaction document. Many states have statutes allowing title agents to prepare releases after a statutory period.
š© 3. Federal Tax Liens
IRS liens attach to all property owned by the taxpayer and survive most transfers, with specific right-of-redemption periods.
What to do: Obtain a lien payoff or subordination letter from the IRS. Factor in the 120-day right of redemption period.
š© 4. Boundary and Survey Discrepancies
When the legal description doesn't match the survey ā or when improvements encroach on easements ā you have a problem title insurance may not cover.
What to do: Always require a current survey for purchases. Compare against the legal description and all recorded easements.
š© 5. Pending Probate or Divorce Proceedings
If a property owner is deceased or parties are mid-divorce, title is clouded until proceedings finalize.
What to do: Require certified copies of court orders, letters testamentary, or final divorce decrees before proceeding.
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At U.S. Title & Escrow, our software automatically flags these issues during the search process. Our tools are built by title professionals, for title professionals.
š Check out our plans if you're looking to streamline your title and closing operations.
