Hidden Risks

Despite the most thorough search and examination of the public records, there remains the possibility of hidden risks that are undetectable even by the most careful search of the public records. Unfortunately, such risks are oftentimes the most devastating to property ownership. Below is a list of some of the most common title issues that could arise:

Forged Deeds, Releases or Wills;
Deeds by persons claiming they are single but are, in fact, married;
Deeds by persons of unsound mind;
Deeds by minors;
Deeds delivered after death of a grantor or grantee, or without consent of grantor;
Deeds in lieu of foreclosure given under duress;
Defective acknowledgement;
Instruments executed under a fabricated or expired Power of Attorney;
Marital rights of spouses purportedly, but not legally, divorced;
False impersonation of the true owner of the property;
Discovery of a an unknown Will;
Birth or adoption of children after execution of a Will;
Surviving children omitted from a Will;
Misinterpretation of a Will;
Undisclosed or missing heirs;
Claims of creditors against property sold by heirs;
Administration of estates of persons absent but not deceased;
Erroneous reports furnished by tax officials;
Mistakes in recording legal documents;
Errors in indexing;
Falsification of records;
Easements by prescription not discovered by a survey;
Descriptions apparently, buy not actually, adequate;
Federal condemnation without the filing of notice;
Liens on corporate assets;
Capacity of foreign fiduciaries;
Fraud; and
Liens for unpaid estate, inheritance, gift or incomes taxes.

You may not discover these hidden risks when you buy real estate; however, months or years later, they can result in the loss of your property or an expensive lawsuit.