1. Outstanding Liens and Mortgages
- Unpaid mortgages
- Contractor’s mechanics’ liens
- Unpaid property taxes
- Child support or judgment liens
- Always order a professional title search before closing.
- Work with a title company or real estate attorney to ensure all liens are paid and released.
- Purchase title insurance for added protection against undiscovered liens.
2. Boundary and Survey Disputes
- Have a current land survey conducted before finalizing your purchase.
- Compare the survey with the legal description in the deed.
- Resolve discrepancies with the seller and neighbors before closing.
3. Probate and Heirship Issues
- Request verification of the seller’s legal right to sell the property.
- Ensure the property went through proper probate court proceedings.
- Confirm that all heirs or legal representatives have signed off on the sale.
4. Errors in Public Records
- Misspelled names
- Incorrect legal property descriptions
- Recording errors with deeds or mortgages
- Hire a reputable title company to thoroughly examine the chain of title.
- Use title insurance to protect against undiscovered errors.
- If errors are found, request a correction from the appropriate county office before closing.
5. Fraudulent or Forged Documents
- Verify the seller’s identity and confirm that they are the true property owner.
- Use secure, verified channels for transferring funds.
- Purchase owner’s title insurance—this is one of the few ways to protect yourself against fraud-related title claims.
6. Unreleased Prior Mortgages
- Have your title company verify that all prior mortgages are released.
- Request a recorded “discharge of mortgage” document from the lender.
- Do not close until the title is free of these old claims.
7. Easements and Rights of Way
- Review the property’s title report and survey for easements.
- Ask questions about any recorded rights of way.
- Consider how an easement may impact your future property use before making a purchase.
8. Undisclosed or Missing Heirs
- Confirm through your title company that probate was handled correctly.
- Require seller affidavits confirming there are no outstanding heirs.
- Title insurance can protect against later claims by unknown heirs.
9. Restrictive Covenants and HOA Issues
- Review all HOA documents and bylaws thoroughly before making a purchase.
- Confirm there are no unpaid HOA dues or assessments.
- Make sure the restrictions align with your intended use of the property.
10. Unpaid Property Taxes
- Confirm with the local county treasurer’s office that property taxes are current.
- Ask your title company to verify that there are no tax liens.
- Require the seller to settle unpaid taxes before closing.
Final Thoughts: Protecting Yourself as a Michigan Homebuyer
- Work with a reputable title company that will conduct a thorough title search.
- Always purchase title insurance—it’s a one-time cost that protects you for as long as you own your home.
- Review all documents carefully and ask questions about anything unclear.
- Resolve disputes promptly rather than assuming they will resolve themselves after closing.
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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