What constitutes a title defect or failure of title?
A few of the more common hidden title defects that can result in a failure of title, a lien against title, or a cloud on title are: (1) liens for unpaid property taxes; (2) liens for unpaid estate, inheritance, income or gift taxes; (3) unrecorded easements or other instruments; (4) forged documents such as deeds, satisfactions, releases or wills; (5) deeds executed by persons without legal capacity; (6) errors made in the recording of legal documents; (7) deeds executed under invalid or expired power of attorney; (8) outright fraud; (9) missing or undisclosed spouses or heirs; (10) judgments against previous owners; (11) false impersonation of a true owner of the property by the seller or other persons previously in title; (12) misinterpretations of wills resulting in disputes or will contests; and (13) invalid deed delivered after the death of the grantor, among many others.
