What is Title Defect?
A title defect is any issue that casts doubt on who legally owns a property or what claims exist against it. Title defects range from minor (clerical errors) to deal-breaking (forged deeds, undisclosed heirs). Common types include:
- Lien defects — Unpaid liens (tax, mechanic's, judgment) that attach to the property and must be satisfied
- Chain of title breaks — Missing or improperly recorded deeds creating gaps in ownership history
- Recording errors — Misspelled names, incorrect legal descriptions, or missing signatures on recorded documents
- Boundary disputes — Conflicting surveys or encroachments that affect property boundaries
- Undisclosed encumbrances — Easements, restrictions, or covenants not revealed during the search
- Forgery or fraud — Fraudulent deeds or forged signatures in the title history
Title insurance protects buyers and lenders against losses from undiscovered defects. In NYC, ACRIS records are the primary source for identifying deed transfers, mortgages, and liens. RegWatch searches these records alongside DOB violations and ECB judgments to give a complete risk picture.
Frequently Asked Questions
What is a title defect?
A title defect is any issue in a property's ownership history that could challenge the legal claim — liens, recording errors, breaks in the chain of title, boundary disputes, or undisclosed encumbrances.
How are title defects discovered?
Through a title search, which examines public records (deeds, mortgages, liens, judgments, tax records) for the property. In NYC, this primarily involves searching ACRIS records. RegWatch automates much of this process.
What is title insurance and why do I need it?
Title insurance protects the buyer and lender against financial losses from title defects that weren't discovered during the title search. In NYC, it's standard practice and typically required by lenders.
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