Potential Title Delays to Know of For Buying a Property

When you’re working toward closing on a property, the last thing you want is a surprise title issue slowing things down. While most transactions follow a smooth timeline, certain problems tied to ownership, documents, or past debts can delay your closing date. These title-related issues are usually fixable, but only if they’re caught early. In this article, we’ll walk through the most common title problems that can hold things up and explain how they’re typically resolved.

Common Roadblocks In Real Estate Transactions

Title problems often stay hidden until we begin the search process. That’s when we dig into public records to check for anything that might interfere with the property’s legal transfer. Some issues are quick fixes, while others can delay the closing if not addressed early.

These are some of the title issues we see most often during the settlement process:

• Liens or judgments: These are legal claims against the property due to unpaid debts, such as contractor fees, taxes, child support, or court judgments. They must be cleared before the title can be transferred to the new owner.
• Unresolved probate or ownership disputes: If a former owner passed away without a will or if there are multiple heirs with unresolved claims, the property could be tied up in probate. In some cases, the rightful owner must be legally determined before the transaction can proceed.
• Errors in public records: Mistakes like misspelled names, missing signatures, or incorrect legal descriptions can cause complications. These need to be corrected to ensure the title reflects accurate ownership and property details.
• Survey disputes: When a property’s physical boundaries differ from what’s recorded in legal documents, disputes can arise. Neighbors may disagree on fence placement or easement usage, which may require a new survey or legal agreement to settle.
• Unreleased mortgages: Sometimes a previous mortgage has been paid off, but the release was never properly recorded. Until this is fixed in the public record, it can cloud the title and delay closing.

The good news is that we here at Nest Title & Escrow aim to catch and address these concerns early in the process, so your transaction stays on track and closing day comes without surprises.

Chain Of Title Document Errors

Issues with a property’s ownership history can quickly derail the closing timeline. The chain of title shows how ownership has changed hands over time, and any gaps or errors in that record can delay the process until they’re resolved. Two issues we commonly see are:

Vesting Deed Errors

This document reflects who legally owns the property. If names are misspelled, outdated, or listed incorrectly due to a past oversight, those discrepancies need to be corrected before closing can proceed.

Missing Mortgage Assignments

Each assignment must be properly recorded when a loan changes hands between lenders. If any documents are missing from the record, the title cannot be cleared until they are located and filed.

Recorded Liens And How They Impact Closing

A lien can tie up a property until it’s resolved. Some are simple to clear, while others take more effort. Here’s how they break down:

Unpaid vs. Unreleased Liens

An unpaid lien must be paid before closing. But sometimes a lien was already paid, and it just wasn’t released in the public record. In these cases, we’ll contact the creditor and get documentation to confirm the release, then file it appropriately.

Boundary Discrepancies And Survey Concerns

Another part of the title review includes confirming that the property’s physical boundaries match what’s recorded in the legal documents. Issues here can include:

Easements

An easement gives someone else the right to use a portion of the property, like a utility company with access to power lines. These rights need to be disclosed and may affect how the buyer plans to use the land.

Encroachments

If a structure, such as a fence or driveway, crosses into a neighboring lot, that’s considered an encroachment. Unless it was resolved legally, it can create a title defect that must be addressed before closing.

Legal Description Errors

Every property has a legal description that outlines its location and boundaries. If the description is outdated, incomplete, or doesn’t match the recorded plat, we’ll work to get it corrected before closing.

How We Work To Avoid Title Delays

At Nest Title & Escrow, we don’t wait for title issues to pop up at the last minute. From the moment an order is placed, we begin a full and detailed review of the property’s history. We flag concerns early, keep all parties updated, and work closely with lenders, agents, and attorneys to resolve problems as quickly as possible.

We’re here to make sure you arrive at the closing table fully prepared. Whether you’re buying your first home or selling a property you’ve owned for years, we provide the support and clarity you need every step of the way.

Buying Or Selling? Let’s Make It Smooth

If you’re planning a property transaction in Kentucky or Tennessee, we’re ready to help you close without unnecessary delays. Nest Title & Escrow offers fast, proactive service with real people who care about the details. Reach out to our team today and let’s get the process started!