White Paper

3 Pages
  • 3 Pages

Resolving Common Title Problems

 

Gain knowledge on unreleased liens and mechanics’ liens.

Any number of mortgages, statutory liens, taxes and assessments may be revealed by a search of the title and thus, shown as such by the commitment for title insurance. So that its insured will not be exposed to loss or damage and its title is not unmarketable, the title insurer will likely reveal all liens it regards as enforceable or potentially enforceable. However, the failure to release unsatisfied mortgages, judgments and liens will not invalidate the conveyance. In the event that satisfactions or releases of the lien are not placed of record in the appropriate place, the title insurer may conceivably issue the policy, but nevertheless retain exceptions for the unreleased matters. This white paper reviews unreleased liens in details and discusses mechanics’ liens and other secret liens.