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Is there a black mark on the title to your home?

On Behalf of | Nov 11, 2022 | Real Estate Law

If you are planning on selling your home in Connecticut, it is important to do a title search first. A title search is necessary as it could uncover defects on the title that must be resolved before the sale can continue.

Defects on a title could prevent a sale

A defective title is one that has some sort of impairment that gives another party an ownership interest in the property. For example, property with a tax lien, mortgage or any other condition referred to as an encumbrance cannot be sold until the defect is cleared.

Title defects can also take the form of typos or other errors in the filing of real estate documents. This could include inconsistent or vague wording or missing signatures. These defects also must be cleared up before the property can be sold.

If a property owner attempts to sell a home that has a defect on its title, the property owner could face financial consequences and even the loss of the title to the property.

How to fix a title defect

One way to fix a title defect is to resolve the encumbrance. For example, this may mean paying outstanding taxes in the case of a tax lien or fixing typos on an unclear title. If there is an ownership question regarding the property, a quiet title action can be sought which gives the court the right to determine who owns the property at issue.

By ensuring you have a clean title to your property, you can move forward with a sale knowing no one else has an ownership interest in it that could slow down the process or put it to a halt altogether.