The 5 Most Common Title Problems (And How To Avoid Them)

Too often, issues with a home’s title go unnoticed until a homebuyer has already closed on the home. But title problems can cause significant delays or even halt the purchase entirely until they’re resolved. 

In this blog, we take a look at a few of the most common title problems. Read on to learn more about the potential issues that may be affecting a home’s real estate title. 

1. Divorce Decrees

If the seller of a property is divorced, their ex-spouse may own part of the property. Typically, the seller will not have the right to sell the property on their own, but will need to include the ex-spouse in the sale process. 

2. Mechanic’s Liens

This is a lien that a contractor or home improvement provider can put onto a home to ensure they get paid for the work they do. For example, if you hire a kitchen renovation company, they will put a mechanic’s lien on your home. Then, once you pay the full amount owed, this lien is removed.

However, if a property owner doesn’t pay their contractors, the lien may still be in place. Or, in some cases, the contractor may forget to lift the lien after being paid. Whatever the case, a mechanic’s lien must be removed before a property can be sold.

3. Property Or Boundary Disputes

It’s a good idea to look at property surveys and other schematics to ensure that you understand the boundaries of a piece of property before a sale. Disputes over property and boundary lines may allow neighbors to claim ownership of part of your property. These issues should be cleared up before the purchase to avoid future claims against your home. 

4. Easements

Easements allow government agencies and other entities access to your property for specific purposes. For example, if your private driveway also serves as the driveway for another home, that owner may have an easement to use a portion of your driveway to access their home.

This may not affect the property sale, but it’s important to understand the type, extent, and limitations of easements before completing a home purchase, since it can affect your rights to use part of the property.‍

5. Bankruptcy 

If the person who is selling their home has filed bankruptcy, this can prevent title transfer until the bankruptcy case is discharged, due to the legal process that prevents homes in bankruptcy from foreclosure and other actions. 

However, with the help of Jacksonville, FL title attorneys, the court can usually be petitioned to release the property from the bankruptcy process, allowing the sale to proceed. ‍

Avoid Title Problems By Hiring Jacksonville, FL Title Attorneys 

Hiring a team of Jacksonville, FL title attorneys can help you avoid headaches, complications, and delays while purchasing a home. At Atlantic Coast Title and Escrow, Maria Coutu and Christina Tatum are here to help. Contact us online or call us at (904) 853-5591 for a consultation.