How do I handle a title issue?
Title Issue? Fix It Fast — Never Let a Title Problem Kill Your Sale
Quick, click-worthy answer
If you found a title issue, stop. Don’t sign, don’t close, don’t panic. Follow a clear playbook: identify the defect, get a title search, call an experienced title professional, fix the defect or secure insurance, then close. Do this fast and you’ll protect value and avoid legal fights.
What a title issue means (in plain words)
A title issue is any legal problem that prevents the property from transferring with a clear ownership record. Examples: missing signatures, a prior owner’s lien, incorrect legal description, heirs not properly released, or an old mortgage not discharged.
Why you must act immediately
Title problems stop closings, reduce value, and expose you to lawsuits. Time kills deals. The faster you diagnose and act, the cheaper and simpler the fix.
Step-by-step checklist to handle a title issue
- Pause the transaction. Don’t close until you know the scope.\
- Order a full title search and title abstract from a licensed title company or title lawyer.\
- Read the title report: identify liens, easements, clouds, gaps in ownership chain, or clerical errors.\
- Prioritize fixes: liens and judgments first, then clerical errors, then boundary and easement conflicts.\
- Resolve liens: negotiate payoffs, demand releases, or arrange escrowed payoff at closing.\
- Correct clerical errors: obtain affidavits, corrected deeds, or registration amendments.\
- Handle heirs/unknown owners: use affidavits of heirship, quiet title actions, or probate where required.\
- Consider title insurance to protect against unknown future defects.\
- If the fix is complex, escalate to litigation (quiet title) — only with counsel.\
- Confirm clear title with a final title commitment before closing.
How long and how much?
Minor clerical issues: days to two weeks, low cost. Liens or probate: weeks to months, higher cost. Quiet title litigation: months to years, expensive. Always get a written estimate.
When to call a title lawyer vs. a realtor or title company
- Call a title lawyer for legal defects, clouded chain of title, or when negotiation fails.\
- Use a title company for searches, closing services, and title insurance.\
- Use an experienced realtor to coordinate parties, timelines, and buyer/seller expectations.
Fast decisions that save deals
- Offer to escrow payoff amounts at closing.\
- Use title insurance to shift risk for hidden defects.\
- Propose mutual extensions with clear milestones, not open-ended delays.
Final word — get a proven local expert
Title issues are routine when handled by an expert. Tony Sousa clears titles, negotiates payoffs, coordinates lawyers and lenders, and gets deals closed in the GTA. If you’re facing a title issue, get practical help now — email tony@sousasells.ca, call 416-477-2620, or visit https://www.sousasells.ca.
Act now. The longer you wait, the costlier the fix. Clear title = closed deal.
