What Happens During the Title Curative Process?

Having a valid title is important because it shows that you are the legal owner of your property. However, any faults on the title can delay or prevent the transfer of land ownership. When your title has liens or other issues that can make it unmarketable, it's important that you take the proper steps to resolve any issues. 

Title defects can occur due to unresolved liens or encumbrances, human error, fraud, or incorrect documentation. Problems in the title are one of the reasons we use title insurance to protect both the buyer and their lender from potential financial loss.

What Is a Title Curative Process?

A title curative process refers to the procedures or actions taken to address any defects with the ownership of a property title. This process removes any error or unauthorized party on the title records. During the curative process, the following steps are taken:

  • Title Examination: The title examination process involves the assessment of the history of the property title by a title professional, such as a title company or a title attorney. The professional will review all the relevant documents, including liens, deeds, mortgages, and other instruments, to identify potential defects.
  • Document Review and Preparation: Various documents will be evaluated and prepared to resolve the identified title issues. This will involve drafting legal documents, such as corrective deeds and affidavits, to rectify errors and clarify ownership.
  • Verification: After error correction, the title professional will work to verify the accuracy and validity of the documents associated with the title issues. They may also contact relevant parties, like lenders, government agencies, and previous owners, to obtain necessary information or address discrepancies.  
  • Title Insurance: After the title issues have been cleared, the next step is to obtain title insurance. This protects against any challenges or claims that may arise in the future.
  • Closing and Transfer: The last step involves the closing and transfer of the property. During closing, the necessary legal documents are prepared and signed then ownership of the property is transferred from the seller to the buyer.

Do These Title Curative Steps Always Fix The Issue?

The title curative process can vary greatly depending on the specific circumstances surrounding your case and local Florida laws. In complex cases involving significant issues, the process may require the services of a skilled professional and additional time, research, and legal assistance to ensure a clear title is obtained. 

Contact a Jacksonville Title Attorney Today

Atlantic Coast Title and Escrow is a committed title and real estate settlement service provider in Jacksonville, Florida. We pride ourselves in our attention to detail, excellent customer service, and prompt communication.

Are you ready to schedule a consultation with a Jacksonville title attorney? Call our office at (904) 853-5591 to speak with our title attorneys and learn more about our title and escrow services in Jacksonville.

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