Real estate transactions involve many moving parts. Most often, those moving parts work in concert with each other, exchanging keys and money without issue.
Sometimes, though, issues may lurk in the chain of title, giving rise to a title claim.
When issues arise that affect the title, Pensacola title claims attorneys can help you understand the types of title claims and help you resolve them.
The Pensacola title claim attorneys at Emmanuel Sheppard & Condon regularly advise clients like you in title claim matters.
Please don’t hesitate to contact us online or call (850) 433-6581 today for a consultation.
What Is a Title? Is It the Same as a Deed?
“Title” is the legal term that describes who legally owns property. A written deed shows who bought and sold the property in a single transaction. So both the title and the deed deal with property ownership, but legally, they are not identical.
What Is a Chain of Title?
A chain of title shows the real estate’s entire file, so to speak. This includes the sequence of buyers and sellers from the first sale of the land or property up to and including the current seller. In addition, the chain of title shows whether there are any mortgages or liens on the property.
If there are easement rights associated with the property or any restrictive covenants (such as HOA or condo association rules) that impact the property, these and other matters may affect ownership of the property by showing up in the chain of title.
What Is a Title Claim?
A title claim arises when there is a legal issue relating to the chain of title for the property. “Clouded title” and “title defect” are other ways to refer to issues with the title.
Pensacola title claims tend to show up during a real estate transaction because that is when the title insurance company and real estate attorneys typically inspect the chain of title.
Examples of some title issues include:
- Improper signatures,
- Unknown liens,
- Unresolved mortgage,
- Zoning issue,
- Adverse possession, and
- Missing heirs.
Errors or inconsistencies in the chain of title can creep up, and even seemingly minor errors can have an enormous impact on the validity of the title. For example, missing or improper signatures or not having someone’s signature notarized may seem like a small detail in the grand scheme of the transaction.
But these minute aspects can undermine the validity of your title to the property. In some cases, missing signatures and notary stamps can be indicative of other problems, like fraud or duress.
How Can Pensacola Title Claims Lawyers Help Me With My Claim?
Pensacola title claims lawyers provide the knowledge, experience, and professionalism needed to help you bring your title claim to a successful resolution.
Title claims can be complex, in part because they often involve multiple parties, such as:
- Title insurance companies,
- Lenders or bankers,
- Real estate agents,
- Lien holders,
- Recording office clerks, and
- Prior owners/ heirs.
A title claims lawyer will communicate and negotiate with the involved parties to efficiently and fairly put the title claim to rest. Your Florida title claims attorney will also review your title insurance policy to determine whether the dispute falls within your coverage.
If necessary, the attorney will file a title claim lawsuit (called a quiet title action) and represent you in court. A quiet title action is a lawsuit to settle any problems that exist in the chain of title.
Our Pensacola, Florida title claims lawyers routinely handle quiet title actions and represent people like you in title claims.
When Should I Contact a Pensacola Title Claims Lawyer?
You should contact a Pensacola title claims lawyer as soon as you find out that there is or could be a title issue. Pensacola title claims lawyers protect your legal interests by investigating all relevant information to resolve the title claim.
When title claims can’t be settled out of court, a Pensacola title claims lawyer can determine whether you can file a quiet title lawsuit. Contacting a title claims lawyer can also help you make sure that you do not miss any deadlines.
Don’t Call Just Any Lawyer. Call the Pensacola Title Claims Attorneys at Emmanuel Sheppard & Condon.
Our expansive record handling real estate cases extends from the closing table to the courtroom. Hiring one of our Pensacola title claims attorneys means you benefit from the experience and security of a law firm that serves the best interests of its clients and has been doing so since 1913.
We pride ourselves in our accessibility and integrity when rendering legal services. Always striving to exceed our clients’ expectations, we work diligently and efficiently to respect your time and money.
Call us today at (850) 433-6581 or contact us online to learn how we can assist you.