Short Answer
If a title defect is found during the title search, the seller is typically responsible for resolving it before closing. Common defects include unpaid liens, judgments, easement disputes, or errors in public records. Your attorney or title company will notify the seller and work to clear the defect. If it cannot be resolved before closing, you may need to delay closing or negotiate a resolution with the seller.
Title defects can take many forms, including unpaid mortgages or tax liens, mechanic's liens from contractors, judgments from lawsuits, undisclosed heirs claiming ownership, forgery on a previous deed, or recording errors in the chain of title. When a defect is discovered, the first step is to determine who is responsible. In most cases, the seller must resolve the issue because they are obligated to deliver clear title. The seller may pay off a lien, file a quiet title action to resolve a boundary dispute, or obtain a release from a creditor. If the defect cannot be resolved quickly, the closing may need to be extended. Your title insurance policy will cover certain defects that were not discovered during the title search, but it is always better to resolve known issues before closing. Your attorney will guide you through the process and protect your interests.
Bob's Advice
Redfin Senior Agent · AI Certified Agent
Title defects sound scary, but in most cases they are routine and fixable. I have been through closings where a tax lien from five years ago showed up, and the seller paid it off the same day. The key is having a good title company and attorney on your side. If you are buying a home that has been in the same family for generations, or a property that was part of an estate, be extra thorough. I will help you navigate any issues that come up.
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