TYPES OF TITLE DEFECTS

When you place an order for a Maryland real estate settlement with Maryland Trust Title & Escrow, LLC, our professionals will order an Abstract of Title from a reputable title abstracting company. The title abstractor will search and review all of the pertinent public records for the county in which the property is located. Based upon this search, the title abstractor will create the title abstract, which is essentially a report of all those publicly recorded events that affect ownership of the property. Our professionals will review the Title Abstract to see what liens, defects or other encumbrances may attach to or affect your title to the property.

However, even though great care is taken by the title abstractor in creating the title abstract and by our staff in examining your title, there can still be hidden defects in your title. Such defects are not easily identifiable from the search of the public records. Common defects include:

  • Mistakes in the recording of legal documents
  • Forged deeds, releases of mortgages and wills
  • Undisclosed or missing heirs
  • Deeds by persons of unsound mind
  • Deeds by minors
  • Deeds executed under invalid or expired powers of attorney
  • Liens for unpaid taxes
  • Fraud

When a title insurance policy is issued, the title insurer assumes the responsibility for all these hidden defects and others that may affect your title to the property.

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