Where your property begins and ends can bring about a disagreement between homeowners and their neighbors. Boundary disputes may occur when two adjacent property owners argue about the location of a property line.
Fabricated or forged documents that affect property ownership may be filed within public records, obscuring the property's rightful ownership. Once these forgery issues are discovered, your ownership rights for the property may be in jeopardy.
If a previously unknown owner with a Will that grants them rights to the property appears after the death of a past property owner, there may be a title dispute.
A judgment lien is a court order that allows a creditor to take possession of a debtor's real property if the debtor fails to fulfill his or her contractual obligations. If a previous owner is behind on payments, a judgment lien may be issued on the property. Irrespective of the new property owner, the debt remains with the property and could lead to a title dispute.
A deed may be considered illegal if it was signed by someone who is incapacitated or a minor. This ultimately affects the rights of the buyer who wishes to purchase the property.
Due to a previous covenant, lien, or mortgage, a third party may lay non-financial claims on a property. Thus, limiting the use of such property.
Regardless of the reason for the dispute, the real estate transaction will be delayed until the dispute is resolved. Depending on the nature of the dispute, the real estate transaction could be delayed for weeks, months, or even longer.
How Title Disputes Are Resolved
Many title disputes can be resolved by filing any of the following documents:
- A Quitclaim Deed: Filing a quitclaim deed removes an heir and clears up the title among co-owners or spouses.
- A Release of Lien/Judgment: Filing a release of lien or judgment will remove spousal support, child support, or any paid mortgage liens that were previously issued on the property.
- A Deed of Reconveyance: Filing a deed of reconveyance will record payment of a mortgage in full and indicate that the debtor has been released from the mortgage debt.
If a property seller is unaware that a lien, judgment, or other encumbrance is attached to the property, addressing such issues can take days, weeks, or even months. Also, transferring the title of properties with more than one owner will require the signature of all co-owners. If you're unable to locate the property's co-owners, the legal steps to resolve the title dispute may take even longer.
Hiring a Title Dispute Attorney
in Southern California
Resolving a title dispute can involve a lot of complexities. If you’re trying to locate the property's co-owners for their signatures, that can elongate the entire process even more. If you are trying to resolve a title dispute that is delaying a real estate transaction, it is crucial that you consult with a knowledgeable California real estate attorney to protect your rights and receive the legal guidance you need to move forward.
With over 40 years of legal experience, I have devoted my career to offering reliable legal services and guidance on legal issues related to title disputes, liens, and easements. As an experienced California real estate attorney, I will perform a detailed title search and review all related documents to the property. Using my extensive expertise, I will work to clear the title, evaluate potential issues, determine the most effective way to resolve any lingering title issues, and help facilitate your real estate transaction.