Avoiding Common Title Issues in Allen Park Real Estate
1. Outstanding Liens and Unreleased Mortgages
Avoidance tip: Order a comprehensive title search as early as possible. Partner with a trusted local title company familiar with Wayne County records (Allen Park is in Wayne County). Confirm that all prior mortgages are released and that tax payments are current.
2. Boundary Disputes & Survey Errors
Avoidance tip: Request or commission a current land survey (if one has not already been done). Compare it with the legal description in the deed. Ask the seller directly about any known boundary issues.
3. Probate, Undisclosed Heirs & Ownership Irregularities
Avoidance tip: Ensure the seller has clear authority to transfer the property. Verify that any required probate has been completed and that the property is properly titled. A title company can flag unresolved issues related to heirship.
4. Errors in Public Records
Avoidance tip: Review the chain of title carefully with your title company. If an error is found, request correction before closing the case. It’s better to clear up mistakes early than face delays later.
5. Easements, Rights of Way & Restrictive Covenants
Avoidance tip: Ask your agent and title company to provide all documentation related to easements or covenants. Understand any limitations on usage, maintenance obligations, or unpaid assessments.
6. Fraudulent or Improper Transfers
Avoidance tip: Work with reputable professionals (a title company and a real estate lawyer). Verify the seller’s identity and the property’s history. Consider buying an owner’s title insurance policy even if your lender requires only a lender’s policy.
Why Allen Park Needs Extra Vigilance
For instance, if a previous owner left unpaid contractor bills and a lien was filed but overlooked, you might become responsible after you purchase. The local context means you’ll benefit from a title partner that knows the Wayne County records inside and out.
Proactive Steps for Buyers & Sellers
- Start early: order a title search as soon as you’re under contract. That gives time to resolve problems before closing.
- Choose your title company wisely: pick one with local experience in Allen Park/Wayne County and a strong reputation.
- Obtain owner’s title insurance: While often optional for the buyer, an owner’s policy is a one-time cost that provides long-term protection. Sonic Title+1
- Request full disclosure from the seller: ask about unpaid taxes, liens, boundary disputes, past transfers, and prior uses or easements.
- Review all documents: deeds, surveys, plat maps, HOA/association documents, and easement records. Ensure that legal descriptions match and names are accurate.
- Resolve issues ahead of time: don’t assume problems will “fix themselves” at closing. If there’s a lien, boundary discrepancy, or heir interest, tackle it early.
- Keep good records: After closing, retain your title policy, recorded deed, and survey. They matter if you ever sell or refinance your home.
When Issues Arise — What to Do
- Don’t panic: Many problems are common and solvable (e.g., mis-recorded mortgage, minor boundary encroachment).
- Engage professionals: A real-estate attorney familiar with Michigan law and a seasoned title company can advise on correction paths. Detroit Legal Group+1
- Use quiet-title actions if needed: For lingering ownership disputes (such as an unknown heir or a fraud claim), you may need to file legal documents to “quiet” the title and clear the property.
- Leverage title insurance: If you purchased an owner’s policy, check whether the issue is covered and whether the insurer will defend your title or reimburse loss.
Final Thoughts
Learn more about our comprehensive title insurance services here.
Thank you for reading! If you enjoyed this article and want to explore more content on similar topics, check out our other blogs at Sonic Loans, Sonic Realty, and Sonic Title. We have a wealth of information designed to help you navigate the world of real estate and finance. Happy reading!
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