1. Fraud and forgery: A forged deed is void and does not affect the real landowner’s title to the property. A bona fide purchaser who takes title to land by a forged deed, without notice of the forgery, is not protected by its recordation in the Public Records.
2. Judgments and liens: Judgments and liens on a property can be a common title defect issue. These can affect the property’s marketability and can be resolved by paying off the judgment or lien or obtaining a release of lien from the creditor.
3. Adverse possession: This is a potential remedy for title defects caused by fraud and forgery, but it has its exceptions and limitations. Close attention to detail and diligence in reviewing closing documents can help prevent this potential defect. – A lien can cloud title and potentially lead to foreclosure, but it does not automatically give a possessory interest in the property.
– For a lien to attach to a property, it must be recognized by law, perfected according to specific statutory requirements, and not expired.
– Mortgages, judgment liens, and construction liens are types of liens that can cloud a title if not released.
– A lien can be released when all involved parties reach an agreed-upon amount, which can be more or less than the face value of the lien.
– Unrecorded satisfactions and releases of liens can cause problems for subsequent title examiners.
– Judgment liens against one spouse do not attach to property owned by both spouses held as tenants by the entirety.
– A mortgage lien on a homestead property is not valid unless the mortgage is signed by both spouses. – Probate issues can lead to title defects due to missing heir or estate information.
– A break in the chain of title can occur due to missing documents, name variations, failure to include proper parties, or wild deeds.
– The passage of the Marketable Record Title Act has changed how chains of title begin, starting with a “root of title” recorded in the county for over thirty years.
– Title defects can be resolved by recording missing documents, executing and recording new documents, or through litigation. 1. The property description in the foreclosure proceedings was improper.
2. Not all necessary parties were named as defendants and proper service was obtained on the parties.
3. The foreclosure complaint did not sufficiently state a cause of action.
4. The allegations did not show by direct statements of fact that the interests of the defendants were subordinate to the lien of the Plaintiff. – An unsatisfied mortgage can create title issues and may lead to more serious problems.
– A mortgage is considered satisfied when a satisfaction, cancellation, or release of mortgage is recorded in the public records.
– If an assignment of mortgage is not properly recorded, the remaining unsatisfied mortgage can cloud the title and affect property rights.
– Errors in the legal description of a property can cause title problems, and the type of recording system used determines how the issue can be fixed. 1. Minor typographical errors in lot and block descriptions can be corrected by recording a scrivener’s affidavit and an affidavit from the official in charge of maintaining the official records.
2. Major errors or descriptions of another parcel of land require a corrective deed, which should reference the recording information for the erroneous deed and explain the nature of the error.
3. Errors in the legal description of a mortgage require a corrective mortgage to be recorded and the property described in error must be released from the lien of the mortgage.
4. Typographical errors in section land descriptions usually involve missed or improper references or omitted references.
5. Correcting section land description errors requires a corrective deed and a deed from the grantee in the incorrect deed to the record owner of the property that was described in the incorrect deed. 1. The legal description of easements does not require the same specificity as property conveyances, but imprecise wording can cloud the title.
2. Encroachments and setback violations may affect buyer performance under an agreement, depending on the extent of the interference with property use and enjoyment.
3. Setbacks are found in local land development codes, statutes, and private covenants, and a variance may be granted if an exceptional and unique hardship is present.
4. Violation of a private covenant’s setback may result in an injunction requiring the removal of the encroaching portion of a building.
5. Issues with legal descriptions, easements, encroachments, or setbacks can cloud title but can be solved or avoided with proper diligence and corrective remedy. 1. Title defects can occur due to off-record third party rights, such as when a married individual buys property and the spouse gains off-record rights to the property.
2. Unrecorded encumbrances and leases can also create title issues, but buyers without knowledge of these unrecorded instruments are presumed not to have actual notice of them under Florida law.
3. Resolving title defects requires determining the marital status of the seller to see if joinder of an off-record spouse is necessary, and steps can be taken to resolve issues when there is a break in the chain of title.
https://www.jimersonfirm.com/blog/2014/05/identifying-resolving-common-title-defect-issues-florida/
Leave a Reply