Every deed, mortgage note and similar document requires submission to a local county recorder’s office. The county recorder helps maintain thorough title records for all local real estate.
The title records for real property show who currently owns the property and who previously had an interest in it. Records also help protect creditors and mortgage lenders by solidifying liens. They can even validate the existence of an easement held by a neighbor or a utility company.
A professional title search is typically necessary before any real estate transaction, especially those involving a mortgage lender. If property owners are aware of issues with their current title records, they may need to take proactive steps to address those issues before they list their home for sale or attempt to refinance.
How can the courts help?
Civil court judges can order the correction of inaccurate title records. Property owners can file a petition requesting quiet title proceedings when they know of an inaccurate or outdated inclusion in their property’s title records.
They then present evidence to the courts regarding the issue with their title history. Quiet title proceedings could remove extinguished easements or satisfied liens. They can address the inclusion of a prior owner’s name still recorded as a current owner.
Property owners who are aware of title record inaccuracies can go to court before those issues turn up during a title insurance search. They can then expect a much smoother refinancing or sale process.
Having guidance during real estate litigation, such as quiet title proceedings, can help property owners protect their most valuable assets. A civil court petition can pave the way for a smooth transaction later and can limit a risk of future controversy about ownership, easements and liens.
