Posts

Showing posts with the label Quiet Title Action

How Can a 'Cloud' Inhibit Ownership Rights?

Image
There are multiple steps in buying and selling property that must be taken and quite a bit of paperwork that must be filled out before ownership can be transferred from one party to another. Typically these steps can be taken without too much trouble, but every once in a while, issues may arise that inhibit the sale of a property. A "cloud" is an example of one such issue. What Is "Cloud On Title"? Often considered synonymous with "title defect," the term "cloud on title" refers to any issue with a title that may cause a reasonable buyer to hesitate before purchasing the property. Examples of common clouds include (but are not limited to): Unpaid property taxes An unsatisfied mortgage lien A pending lawsuit over ownership of the property An improperly recorded deed An improperly recorded easement Improperly recorded ownership Any outstanding lien or other encumbrance What Happens If There Is A Cloud On Title? Before proper...

Addressing a Cloud on Title

Image
If you know anything about real estate, you know that there is a lot more to  buying and selling property  than simply handing over the keys. There are multiple steps that must be taken and quite a bit of paperwork that must be filled out before ownership can be transferred from one party to another. Typically these steps can be taken without too much trouble, but every once in a while, issues may arise that inhibit the sale of a property. A "cloud" is an example of one such issue. What Is "Cloud On Title"? Often considered synonymous with "title defect," the term "cloud on title" refers to any issue with a title that may cause a reasonable buyer to hesitate before purchasing the property. Examples of common clouds include (but are not limited to): Unpaid property taxes An unsatisfied mortgage lien A pending lawsuit over ownership of the property An improperly recorded deed An improperly recorded easement Improperly recorded ownership...

Understanding Common Title Terms: Part 2

Image
The title industry is vast and complex, with a unique vocabulary all its own. Last week,  Arrowhead Title, Inc.  took it upon ourselves to help you decipher some of our industry's terms so that you can feel more confident as you navigate your real estate transactions. This week, we're continuing the conversation with some additional terms you are likely to encounter while selling or  buying property at the Lake of the Ozarks .  Common Title Terms - Explained Quiet Title A quiet title suit is a legal process designed to cancel and/or "quiet" unenforceable claims that have created a  cloud on a title . Restrictive Covenant / Restriction A restrictive covenant is a limitation of the use of a specific piece of property. It may be imposed by deeds or other documents that appear within the chain of title. Settlement Also referred to as "closing" or "close of escrow," a settlement is the time during which the sale of a piece of real property is...

Is There A Cloud On Your Title?

Image
If you know anything about real estate, you know that there is a lot more to buying and selling property than simply handing over the keys. There are multiple steps that must be taken and quite a bit of paperwork that must be filled out before ownership can be transferred from one party to another. Typically these steps can be taken without too much trouble, but every once in a while, issues may arise that inhibit the sale of a property. A "cloud" is an example of one such issue. What Is "Cloud On Title"? Often considered synonymous with "title defect," the term "cloud on title" refers to any issue with a title that may cause a reasonable buyer to hesitate before purchasing the property. Examples of common clouds include (but are not limited to): Unpaid property taxes An unsatisfied mortgage lien A pending lawsuit over ownership of the property An improperly recorded deed An improperly recorded easement Improperly recorded owners...