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Showing posts with the label Clearing Title Defects

Uncovering and Correcting Title Clouds

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Sometimes in the process of a title search, title clouds may be discovered. A title cloud is when there may be a question or doubt regarding the seller's property ownership rights. If the seller's right to own the property is not clear, the seller may not have full legal authority to sell the property or transfer ownership to you. When we take care of a real estate closing at Lake of the Ozarks for our clients, we are not just there to make sure one party gets paid and the other party receives keys to the house. We are responsible for ensuring the legal ownership of the property and transferring the complete ownership of that property from the seller to the buyer. Many title clouds are correctable; however, some are not. If you are curious about title clouds and what to do about them, we have answers for you in this blog. Clouds Title clouds can also be referred to as title defects. Technically, the title to your house is what actually proves the legal right of the homeowner t...

Real Estate Forgery - Can it Happen to Me?

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Forgery sounds like something that only happens in the movies, or on the rare occasion in big companies or personal checks. However, it is actually becoming quite common in the real estate industry. Are you protected? Arrowhead Title is the best title agency at the Lake of the Ozarks and we have the knowledge and experience to help protect you from the dangers of forgery on your title. Read on to learn more about how forgery happens and how to prevent it! How Does Real Estate Forgery Happen? When someone forges a homeowner's name on a property deed, they are committing forgery. They then use that title to claim ownership of the property. People who commit this fraud are usually able to get the deed notarized under false pretenses. They can then use the deed to take out a mortgage loan on the property and collect the money for themselves. It can take a long time for the bank to catch the issue. Sometimes it is too late. Who Has to Deal With It?  Whether or not the for...

How Can a 'Cloud' Inhibit Ownership Rights?

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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

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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...

7 Defects that Could Negatively Affect Your Title

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Title insurance provides one-of-a-kind protection for property owners and lenders. Whereas other types of insurance focus on the potential of financial loss relating to the property itself, title insurance guards against financial loss that may relate to an owner's right to use and occupy his land. If you are new to the world of real estate, you may be wondering what types of hazards could potentially threaten homeowners in this way. Here are 7 defects that could negatively affect your title. 1. Ownership Interest When you purchase or otherwise come into ownership of real estate, you gain an ownership interest in it. Ownership interests in real estate can be solely held or divided among several people. You can convey your ownership interest, but you can't compel any fellow owners to sell their ownership interests in a jointly owned house, nor can you sell the entire house without their permission. This is a common issue that arises with ownership interest. 2. Improperly...

5 Questions to Ask Your Title Insurance Company

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When you are preparing to purchase real estate, selecting the Lake of the Ozarks title company you want to work with during your transaction is an important step. Our staff is here to help you gather the information you need to make an informed decision when it comes to choosing the right title company. As you interview potential title companies, asking these questions can help you judge their experience and capability. 1. What is Title Insurance? Title insurance insures against financial loss caused by defects in title to real estate. Title insurance companies defend against lawsuits attacking the title, or in the case of a covered loss, reimburse the insured up to the policy limit. While it's not required for homeowners to carry title insurance, it is highly recommended. Lenders will require homeowners to carry a Loan Policy if the home is financed. 2. What Kind of Defects Does Title Insurance Protect From? It protects you against loss due to title defects, liens, or ...

Is There A Cloud On Your Title?

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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...