Title Claim Attorneys Serving Pensacola and the Emerald Coast
When you are in the process of selling your property, the last thing you expect is to have an issue with your title. The ownership of real estate is based upon the documents in the “chain of title” rather than a title document. The chain of title is a phrase used to describe all of the documents that affect a property’s ownership. A “cloud” in the chain of title is a term used to indicate a title issue. A cloud can significantly impact real estate transactions for property owners by bringing a halt to a closing.
Title clouds take on many different forms. A few examples are:
- a mortgage in a prior transaction was not satisfied or released;
- a lien or encumbrance such as a construction lien or municipal lien is outstanding;
- there is an error in a prior deed;
- the proper person did not sign a prior deed;
- an easement impacts the property in a way that affects the intended use of the property;
- restrictive covenants impact the property in a way that affects the property’s intended use; and
- real estate taxes are outstanding.
Therefore, it is important to work with a law firm that can identify all of the issues and fix the problems.
Title issues tend to surface when real property is being sold and they can delay or jeopardize the sale of the property. Property owners may not know what to do. Our law firm is the first line of defense. We have years of experience handling title claims, and we know what steps to take to get your title fixed. This may include making a claim to fix the issues or filing a quiet title suit. Often a few phone calls with the title underwriter that is providing the title commitment can resolve the issue. Sometimes, a prior title policy insured over the cloud. That could result in a three-way negotiation with the prior title insurance company and the current title company. But, also, sometimes, there is not an easy fix and a quiet title suit or other litigation has to be filed in order to resolve the issue.
Led by Board Certified Real Estate Attorney Stephen R. Moorhead, the attorneys at McDonald Fleming Moorhead have extensive experience handling title issues in Florida and know how to fix the most complex title problems. We have prosecuted title claims on behalf of title companies and as retained counsel for title companies. We have also brought claims by owners against the title companies. When the title cannot be fixed, a financial settlement is in order. Our title insurance attorneys are here to assist Pensacola and Destin residents in getting a fair settlement.
Title Issues Can Affect Property Owners And Title Insurance Companies
We represent both property owners and title insurance companies. Our knowledge of working on both sides of title claim issues gives us a unique perspective that helps us understand what it takes to analyze and fix your title issue.