Title records validate ownership of real property. People who execute deeds can add or remove their names from a property’s title. The county recorder’s office provides a thorough record of all title changes going back many years.
Those records can play a key role in proving the validity of an individual’s ownership claims or determining the legitimacy of any easements or liens against the property. Those preparing to sell real estate may look into the current title records for the property. What they discover could lead to complications. If there are old owners, outdated liens or other inaccurate information on title records, it may be worthwhile to take such matters to civil court.
Judges can correct title errors
The failure to record deeds, maintaining information about outdated liens/easements or other oversights by the county recorder’s office could potentially result in the state having inaccurate information about who owns the property or who has a financial interest secured by the property. That inaccurate information can make it difficult to secure title insurance for a transaction.
Property owners have the option of pursuing quiet title proceedings. These lawsuits involve a thorough review of current title records and documentation from the owner related to financial obligations, ownership transfers or even the expiration or abandonment of easements. The judge can issue an order to update records, thereby helping to ensure that future real estate transactions move forward without title issues.
Having support when pursuing real estate litigation, including quiet title proceedings, can help owners effectively address issues with their real property that could otherwise complicate a future sale or an upcoming attempt to refinance. Real property owners who know that there are potential title blemishes attached to a property may want to go to court to resolve those blemishes before listing the property for sale.
