Title Issues
A clouded title can derail your property transaction. We identify, analyze, and resolve title defects so you can move forward.
📋 Key Takeaways
- Title defects can prevent sales, refinancing, and clear ownership
- Oklahoma follows race-notice recording—record your deed promptly
- Mechanic's liens must be filed within 90 days of last work (42 O.S. § 142)
- Quiet title actions can resolve complex defects through court order
- Title insurance has limitations—it's not a substitute for fixing known issues
- Missing probates are a common cause of chain of title problems
Common Title Problems
Liens and Encumbrances
- Judgment liens – Court judgments attached to the property
- Tax liens – Unpaid property or income taxes
- Mechanic's liens – Unpaid contractors or suppliers
- Mortgage liens – Unreleased mortgages from prior owners
- HOA liens – Unpaid homeowner association dues
Chain of Title Issues
- Missing heirs – Property passed without proper probate
- Improperly executed deeds – Missing signatures or notarization
- Forged documents – Fraudulent transfers in the chain
- Unrecorded documents – Valid transfers never filed
- Recording errors – Mistakes in county records
Ownership Disputes
- Boundary disputes – Disagreement about property lines
- Adverse possession claims – Someone claiming ownership through use
- Easement disputes – Rights of others to use your property
- Co-owner disputes – Conflicts between joint owners
How We Resolve Title Issues
1. Investigation
We examine the title history, identify the specific defect, and determine what's needed to resolve it. This may involve reviewing deeds, court records, probate files, and other documents.
2. Negotiation and Documentation
Many issues can be resolved by obtaining releases, affidavits, or corrective documents from the appropriate parties. We prepare and record these documents to clear the record.
3. Quiet Title Action
When negotiation isn't possible—such as when parties are unknown, deceased, or uncooperative—we can file a quiet title lawsuit asking the court to declare clear ownership. This creates a court order establishing title.
Preventing Title Problems
- Always obtain title insurance when purchasing property
- Review the title commitment carefully before closing
- Ensure deeds are properly prepared and recorded
- Keep records of all property improvements (paid invoices)
- Address potential heir issues through proper estate planning
Common Title Issue Mistakes
Avoid these errors that can cost you:
- Skipping title search: Problems you don't find still exist
- Ignoring title exceptions: Read the commitment carefully before closing
- DIY deed preparation: Errors create more title problems
- Not recording promptly: Unrecorded deeds lose priority to later buyers
- Assuming title insurance covers everything: It has significant exclusions
Frequently Asked Questions
Common questions about title issues
What is a title defect? +
Any issue that prevents clear ownership from being established—liens, errors, missing heirs, forgeries, or breaks in the chain of title that can block sales or refinancing.
How do I find out if my property has title issues? +
Title issues are typically found during title searches for sales or refinances. If you suspect issues, we can arrange a title examination to identify problems proactively.
Will title insurance protect me? +
Title insurance covers losses from defects that existed before purchase but weren't discovered. It has limitations and exclusions—valuable but not a substitute for resolving known issues.
How long does it take to clear a title defect? +
Simple issues like missing signatures: days. Complex issues involving litigation or deceased parties: months or years. We'll assess your situation and provide a realistic timeline.
What is a quiet title action? +
A lawsuit asking the court to determine ownership and eliminate competing claims. Results in a court order declaring clear title.
Can I sell property with a lien? +
You can, but liens must be satisfied at closing. Title companies require payoffs before disbursing proceeds to the seller.
What causes breaks in chain of title? +
Missing probates, improperly executed deeds, forged documents, unrecorded transfers, or recording errors in county records.
How do mechanic's liens work in Oklahoma? +
Under 42 O.S. § 142, contractors have 90 days from last work to file a lien. Owners can require lien waivers with each payment to protect title.
Clear Your Title
Schedule a consultation to discuss your title issue.