Arrowhead Title, Inc.

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...

 One key step in the buying and selling of real estate is the transfer of real estate . After all, after buying or selling a home, you'd expect to be given or removed from ownership rights to the property, correct? Well, unfortunately sometimes there are issues that arise that cause issues or "title defects." These defects are referred to as a "cloud on title." Your premier title company at the Lake of the Ozarks  is here today to tell you all about "clouds" and how you can mitigate and rectify them What is a "Cloud" on Title? The term "cloud" is synonymous with "title defect," referring to any issues with a title that may cause reasonable buyers to become hesitant to purchase the property. A "cloud on title" is any item that could compromise or cast doubt on the validity of the title. Here are some examples of items that could cause a "cloud on title:" Any outstanding lien or encumbrance Recording erro...

The transfer of real estate is very complex.  One of the most important aspects of transferring real estate is proving that the current owner has the legal right to sell the property. 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 Does it Mean to have a “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.  A “cloud on title” is anything that could impair or injure the title to a property or cast doubt on the title’s validity. Examples of common clouds include (but are n...

Spring at the Lake of the Ozarks is a popular time to buy a property.  No matter what kind of property you are planning to purchase (residential, commercial, vacation, land), purchasing title insurance is a crucial step in the buying process. There are many different reasons you should purchase title insurance. Arrowhead Title, Inc , the Lake of the Ozarks most trusted title company is here to expand on one major reason that having title insurance is important –that there could be a defect in the title that you are not aware of. Here are some of the common title defects that can affect your property ownership. Errors in Public Records or Forgery of Documents Errors in the recording of information sometimes will occur at the County Clerk’s Office, or the former homeowners’ may incorrectly record information.  For, example, names can easily be misspelled. Errors and confusion can also result when there are quite a few documented former homeowners’ who have similar nam...

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...

When  closing on a home at the Lake of the Ozarks , it's easy to get wrapped up in the excitement of finalizing the deal and getting moved in. So much so, that many buyers don't even consider the possibilities of the sale not going through or the potential problems that could arise after the sale is final. There are many things on the back end of the real estate process that most buyers and sellers don't see or even consider until there's a problem that needs to be addressed. This week,  Arrowhead Title  will be discussing title defects and title encumbrances and explain how they affect a title to real property. What is a Title Defect? A title defect is a legal claim or circumstance that hinders the verification of the title and identification of the true owner of a real property. These defects occur usually when the ownership or transfer of ownership is not properly recorded, or where any lien recorded due to an unpaid obligation was not removed on satisfaction o...

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...

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...

When closing on a home at the Lake of the Ozarks , it's easy to get wrapped up in the excitement of finalizing the deal and getting moved in. So much so, that many buyers don't even consider the possibilities of the sale not going through or the potential problems that could arise after the sale is final. There are many things on the back end of the real estate process that most buyers and sellers don't see or even consider until there's a problem that needs to be addressed. This week, Arrowhead Title will be discussing title defects and title encumbrances and explain how they affect a title to real property. What is a Title Defect? A title defect is a legal claim or circumstance that hinders the verification of the title and identification of the true owner of a real property. These defects occur usually when the ownership or transfer of ownership is not properly recorded, or where any lien recorded due to an unpaid obligation was not removed on satisfaction of...

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...