What Is a Cloud on Title?
Cloud on Title is any document, claim, unreleased lien, or encumbrance that might invalidate or impair a title to real property or cast doubt on the title is referred to as a cloud on title. The majority of the time, clouds on the title are detected through a title search. A quitclaim deed, which releases a person’s interest in a property without specifying the nature of the person’s rights, is used to clear up title issues.
How does a Cloud on Title work?
Lenders often demand a title search and title insurance to protect themselves against any third-party claims or encumbrances on the title to the property used as collateral. The mortgage origination procedure necessitates title searches and title insurance.
Unresolved property disputes are the most common cause of a cloud on title. For example, if a mortgagee initiates foreclosure procedures after a borrower defaults on a payment, the delinquent borrower may not be able to sell the property to a third party while the foreclosure is ongoing.
Liens from lenders or contracts to which the property owner consented may exist on the property. If a property owner has free and clear title to the property, they may be able to use it as collateral for fresh financing to cover other costs or debts. A lien may be imposed on the property until the debt is repaid in this situation.
Negatives of a Cloud on Title
A cloud on title can lower a property’s value and marketability, since any prospective buyer who is aware of it is purchasing the risk that the grantor will not be able to pass sound title. The finding of a cloud on title frequently gives the grantee a justification to back out of a real estate transaction deal. Some title papers, like as covenants, condition, and limitations in a homeowners’ association or subdivision, may be considered clouds, although they are unlikely to affect marketability or resale.
Key factors of a Cloud on Title
- Any impediment that calls a title to real property into dispute is referred to as a cloud on title.
- Foreclosure procedures, liens on a property, probate, and fake titles are all examples of encumbrances. A quitclaim document is used to clear up title issues.
- A cloud on the title might also be caused through fraud. False deeds may be registered as valid, causing legal uncertainty since the property’s title is in doubt.
Last Updated on 06/17/2022 by Mark Does
Financial Consultant and Author