Can a defective title be cured?
Sometimes. Depending on the nature of the title defects, they may be corrected with the assistance of an attorney of the seller’s choice. Correction methods include affidavits, correction deeds and other documents. Court action may be necessary. Many times the commitment for title insurance will list what items or actions would be necessary to remove the matter in question as an exception to coverage. The title company does not cure bad titles or write legal papers. Documents required by the title company are not meant to cure a title defect, they are required to satisfy the title company that the property is insurable.
Sometimes. Depending on the nature of the title defects, they may be corrected with the assistance of an attorney of the sellers choice. Correction methods include affidavits, correction deeds and other documents. Court action may be necessary. Many times the commitment for title insurance will list what items or actions would be necessary to remove the matter in question as an exception to coverage. The title company does not cure bad titles or write legal papers. Documents required by the title company are not meant to cure a title defect, they are required to satisfy the title company that the property is insurable.
A title insurance policy does not insure against known title problems; neither does it create or cure title defects, liens or encumbrances or of the problems which are bond in the chain of title. Sometimes an affidavit, deed or other instrument will allow the title company to assume the risk. Other times a court order will be required. Title companies do not provide legal advice or draw legal papers.
