Skip to content

 

Landmark Title Company

Clouds on Title and How They're Cleared

A cloud on title is anything in the record that casts doubt on who owns a property or what's attached to it. Most are fixed with paperwork; a few need a court.

Common clouds

  • A mortgage paid off years ago but never released
  • A judgment against someone with a similar name
  • A missing signature from a spouse or heir
  • A misspelled name or wrong legal description in an old deed
  • An unresolved estate

How they're cleared

Recording a release from the old lender, an affidavit showing the judgment is against a different person, a corrective deed, a quitclaim from the missing party, or as a last resort, a quiet title judgment.

Start before you list

Sellers with any doubt about their title can order a search early. Clearing a cloud can take weeks, which is far easier before a buyer is waiting.

Common questions

What makes a deed invalid?

Common causes include a missing signature, lack of capacity, forgery, or a defective legal description.

Can someone put you on a deed without you knowing?

A deed can be recorded naming you, but delivery and acceptance are required for a transfer. Talk to an attorney if it happens.

Keep reading

Website & Automations built byTikondaroga.com