Title records help clarify who owns real property. They also create an official record of liens, mortgages and easements. Official title records reduce the risk of fraud during real estate transactions and help protect outside parties, such as mortgage lenders and creditors.
When people purchase real property, they submit the new deed to the county recorder’s office to update local records. Usually, the local title records contain accurate information about who owns the property, what easements may affect the use of the property and what, if any, liens are on record. Those intending to list their property for sale, refinance their homes or conduct a transfer may discover that the title records for their property are inaccurate.
How do the courts address title issues?
Those who learn about title defects can resolve the matter with the support of a judge. Property owners concerned about inaccurate county records can file a petition with the courts requesting a quiet title hearing.
A civil court judge can review documentation regarding the status of the property and the current county records. They can then determine what information is inaccurate. They can enter an order that results in a correction of outdated and inaccurate county recorder records. Judges can remove paid liens, correct ownership records or even address inaccurate legal descriptions.
Quiet title proceedings help address issues so that real estate transactions and transfers can proceed. Those concerned about inaccurate information related to the ownership of a property or other title matters may need to sit down and discuss their concerns with a real estate attorney. Taking action before title issues complicate a residential real estate transaction can help people protect one of their most valuable investments.