Cloud on Title

A Lien on Property is a Cloud on Title

Real estate owners find that problems such as a Lien on Property may hinder the sale or refinance of the property.  Any document, claim, lien or any encumbrance that causes title to real property to be defective may be considered a Cloud on Title.

Some common title defects include:

  • Survey problems such as encroachment or protrusions of improvements
  • Break in chain of title
  • Ex-spouse still shown on title
  • Deceased spouse still shown on title
  • Deceased parent still shown on title
  • Boundary disputes
  • Judgement liens on homesteads
  • Credit card lien on homesteads
  • Deceased owners

Good to know:  Title is the legal right to property.  A property deed is the main vehicle through which a transfer takes place.  Transferring title to property DOES NOT remove liens on the property.

Removing a Lien on House

A lien on a house may not be discovered until the property is in the process of a sale or refinance.  Title companies typically conduct a title search at that time.  If a lien on the property is found, it may be a big problem for property owners.

Two story yellow house with grey roof wrapped in heavy chain for cloud on titleWhen the title defect is found, it must be resolved very quickly to ensure the property transfer, such as a sale or refinance, may proceed.  These defects may not be obvious. Sometimes they are hidden.

A title company will provide a list of your title defects, but may not be able to help you cure the defects. It is not their task to cure title defects or to prepare legal documents.  Some real estate attorneys specialize in curing title issues.

A specialized attorney will help remove a lien on house.  Furthermore, an experienced attorney may be able to invalidate a credit card lien on the house.

Knowledgeable real estate investors may retain the help of an attorney to cure title defects when considering properties with title issues.  Being able to resolve property title problems quickly might give savvy investors an edge in the competitive real estate market.

Removing a Judgement Lien

When you find that there is a Judgement Lien on a real estate, having an experienced, board certified real estate attorney cure these defects to title is invaluable.

Clear title is also referred to as good title.   Real estate owners with clear title may quickly and easily have deeds prepared to transfer property ownership.

Good to know:  Clear title means clear of any liens or other encumbrances.  Having good title is imperative when transferring properties.

Little blue house with a key attached in a trap for cloud on titleThe Steinbach Law Firm specializes in resolving defective title.  Not all board certified real estate attorneys are specialists in clearing title defects.  We have years of expertise and knowledge to help you cure most title defects effectively and quickly.

Questions about resolving real estate title problems?  Call and speak with attorney Scott Steinbach directly. 972-960-1850.  Free consultation.

R. Scott Steinbach is AV Preeminent rated by Martindale-Hubble.  Peer rated for Highest Level of Professional Excellence.

Board Certified by the Legal Board of Specialization in Residential Real Estate Law for Texas Real Estate Law

 

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