What happens if a title defect is discovered?

If a title defect is discovered in California, it can cause a wide range of legal complications for the property owner. Depending on the severity of the defect, the title may be rendered null and void, and the owner may no longer hold legal ownership of the property. In most cases, a title defect means that the property does not have a clear chain of ownership, or there is a financial or legal issue that has gone unresolved. For example, there may be an unpaid mortgage or a lien on the property that has not been addressed. In these cases, it may be possible to resolve the issue, either by paying off the mortgage or by addressing the lien. However, in more serious cases, the title defect may be so severe that it cannot be resolved. In this case, the owner would be unable to prove their ownership of the property and would not be able to take legal action to protect their rights. In some cases, the owner may be able to file a quiet title action to establish their right to the property, but this is a lengthy and expensive process. Ultimately, if a title defect is discovered, it is important to seek the advice of a qualified property law attorney who can help determine the best course of action for your particular situation.

Related FAQs

What is the Interpleader Statute?
What is title insurance?
What is a deed of distribution?
What is a deed of surrender?
What is the “lost document rule”?
What is an exclusive right-to-sell agreement?
What is an equitable servitude?
What is the doctrine of fixtures?
What is a deed of gift?
What is an estoppel?

Related Blog Posts

What You Need to Know About Property Law - July 31, 2023
Property Law: What to Look Out For When Purchasing Real Estate - August 7, 2023
Understanding the Basics: A Guide to Property Law - August 14, 2023
Common Types of Property Law Cases - August 21, 2023
The Impact of Property Law on Real Estate Transactions - August 28, 2023