Cloud on title

Cloud on title

When a title search finds a claim on a property

Before you buy a house, a title company requires a title search to prove that the seller really owns the property you are about to buy. It can happen that the search catches a problem or "cloud" on the title.

Some clouds that result from poor record keeping can be easy to clear. But, others, as in the case of contested wills, can turn into a storm and take a long time to clear.

Common clouds on title

Type You're buying a home from...

Marriage A single woman or man, but the title search reveals that there are two names on the deed and it says that they're married.

Death The children of a widowed woman who recently passed away, but there's no will on file that shows what she wanted done with the property.

Money liens A seller who hasn't paid property taxes for the last 6 months. The search shows that the county government placed a lien on the property.

Divorce A man who had bought a home before he got married and then later gets divorced. In some states the woman is entitled to 50% of the property, even if she doesn't file suit.

Mechanic's liens An owner who refused to pay the company that installed the new air conditioning system. The search shows the company put a lien on the property.

See: Quitclaim deed, Title insurance




		Type	You're buying a home from...


		Marriage	A single woman or man, but the title search reveals that there are two names on the deed and it says that they're married.
		Death	The children of a widowed woman who recently passed away, but there's no will on file that shows what she wanted done with the property.
		Money liens	A seller who hasn't paid property taxes for the last 6 months. The search shows that the county government placed a lien on the property.
		Divorce	A man who had bought a home before he got married and then later gets divorced. In some states the woman is entitled to 50% of the property, even if she doesn't file suit.
		Mechanic's liens	An owner who refused to pay the company that installed the new air conditioning system. The search shows the company put a lien on the property.