Title Disputes Attorneys in Detroit, Michigan

In 2021, the average time it took to sell a home in Michigan, from listing to closing, was about 78 days. However, this relatively brief time period can turn into a longer, messier process if a title dispute arises regarding the rightful owner of a piece of property or area of land.

Unfortunately, a title dispute – such as public record errors, boundary disputes, easement issues, and unknown liens – can hinder or delay a commercial or residential real estate sale. Similarly, the title issues may invalidate the right of a potential buyer to own the affected property or piece of land.

If you are involved in a real estate title dispute, or if a title dispute is delaying a property sale, it is important that you consult with a knowledgeable Michigan real estate law attorney for proper guidance. At Detroit Legal Group PLLC, our attorneys have the resources and experience to guide, advise, and represent clients in complex real estate matters involving title disputes. Using our in-depth legal understanding, our trusted team will work diligently to resolve the title issue effectively and help you proceed with the transaction.

Detroit Legal Group PLLC proudly serves clients across Detroit, Michigan, and the surrounding areas of Dearborn, Southfield, and Warren.

Reasons a Title Ends Up in Dispute

A real estate title is a document that indicates the legal owner of a piece of land or property. However, due to a different number of reasons, a person's legal rights as a real estate title holder may be affected. Below are some of the most common reasons why a real estate title might end up in a dispute:

Public Record Errors

Errors in public records – such as improper documentation, errors in recording property information, spelling mistakes in names or addresses, unreleased mortgages, and inaccurate square footage – may result in title disputes.

Boundary Disputes

Boundary disputes often arise when two neighboring property owners disagree about their property line (where the property starts and ends). Such boundary issues may occur due to inaccurate deed descriptions, multiple unrecorded deeds, or an adjacent neighbor claiming ownership of the land.

Easement Issues

An easement gives an individual or entity the legal right to utilize another person's land for a specific purpose. Easement issues and boundary disputes may prevent the property owner from using the land.

Unknown Liens

A bank, lender, creditor, or other financing agency can place a lien on a property due to unpaid debts by the previous owners. Unless the lien is settled, it will remain on the property even after transferring the property to a new owner.

Illegal Deeds

A court may find a deed illegal, invalid, and not enforceable if it was signed by an incapacitated person or a minor child. An illegal deed will make it impossible for the new buyer to claim ownership of the property.

Unknown Heirs

At times, an unknown owner who has a will that grants them the legal ownership of the property may show up after several years following the death of the previous owner, resulting in a title dispute.

Undiscovered Encumbrances

A third party may lay non-financial claims on a property as a result of previous liens, covenants, or mortgages, thereby affecting the property's usage.

Unless the title issue is resolved, a real estate transaction cannot be completed. In most cases, a quiet title lawsuit may be required to resolve or settle the title to the property. A knowledgeable real estate attorney can evaluate the reason or cause of the title dispute and explore the possible options to resolve it.

How Disputes Are Resolved

Many real estate title disputes can be settled by filing any of the following documents:

A Quitclaim Deed: Filing a quitclaim deed removes an heir and clears up the title among co-owners or spouses.

A Deed of Reconveyance: Filing a deed of reconveyance will record full payment of mortgage or debts. This will show that the debtor has been released from the home loan or mortgage debt.

A Release of Lien/Judgment: Filing a release of lien or judgment will eliminate any paid mortgage domestic support lien, such as alimony or child support, which was previously placed on the property.

In the event that the property seller is not aware that a judgment, lien, or other encumbrances are attached to the property, it can take several weeks or months to address such issues.

Additionally, it will require the signature of all co-owners to transfer the title of a property that has more than one owner. Unless you are able to locate the property's co-owners quickly, the legal steps to settle the title dispute may take longer than anticipated. An experienced attorney can determine the best option to resolve such real estate title disputes and help you navigate key decisions.

Work With a Knowledgeable Real Estate Attorney

Addressing title disputes before closing a real estate transaction can involve a lot of complexities. Trying to identify the rightful owner and resolve the title issues might present several challenges or take longer than expected. Therefore, when involved in a real estate title dispute, consulting with a skilled real estate attorney is crucial to explore your possible dispute resolution options and determine the best course of action.

At Detroit Legal Group PLLC, we're committed to offering knowledgeable legal guidance and reliable advocacy to clients in the legal matters of real estate and title dispute resolutions. As your legal counsel, we can enlighten you about your available legal options and determine the best way to resolve such title issues productively. Also, our team will work intelligently with all parties involved to clear up the title issues amicably and help facilitate the seamless completion of the real estate transaction.