SELLING A HOME WITH
TITLE OR OWNERSHIP ISSUES
Sometimes the decision to sell a home is easy — but something about the ownership or title isn't. An old lien, a deceased owner, missing paperwork or a deed issue can create questions that need to be resolved before the transaction can move forward.
A TITLE PROBLEM DOESN'T ALWAYS MEAN
THE HOME CAN'T BE SOLD.
It may mean that an issue needs to be identified and resolved before the transaction can close. The first step is figuring out what the issue actually is and getting the appropriate professionals involved.
WHAT CAN CREATE A PROBLEM?
SOMEONE ON THE DEED HAS PASSED AWAY
An ownership issue may need to be addressed before the property can be conveyed to a buyer. Estate and probate professionals can determine what steps are required.
A LIEN APPEARS ON THE TITLE
Old debts, judgments or other recorded interests can sometimes appear during a title search and may need to be resolved before closing.
THE DEED DOESN'T MATCH THE CURRENT SITUATION
A name change, prior transfer, missing signature or other discrepancy can create questions about the current ownership record.
MORE THAN ONE PERSON OWNS THE PROPERTY
When multiple people have ownership interests, the appropriate parties may need to participate in the transaction.
THE PROPERTY IS PART OF AN ESTATE
An estate property may require additional documentation, authority or court-related steps before a sale can be completed.
SOMETHING SHOWS UP DURING TITLE WORK
Sometimes an issue isn't discovered until a title search is performed. That's why identifying problems early can be helpful.
THE BUYER ISN'T JUST BUYING THE HOUSE.
A real estate transaction also involves transferring ownership rights. That's why title and ownership questions need to be addressed as part of getting a property ready to close.
WHO OWNS THE PROPERTY?
The ownership record needs to support the transaction and identify the parties who have the authority or interest required for the sale.
WHAT INTERESTS ARE ATTACHED?
A title search can reveal liens, claims or other matters that may need attention before closing.
CAN OWNERSHIP BE TRANSFERRED?
The closing professionals work to make sure the necessary documents and requirements are satisfied before ownership is transferred.
DON'T PANIC. START BY IDENTIFYING THE PROBLEM.
IDENTIFY THE ISSUE
Find out what the title or ownership concern actually is rather than guessing at the solution.
INVOLVE THE RIGHT PROFESSIONAL
An attorney or title professional can explain what documentation or legal action may be required.
CREATE A PLAN
Once the issue is understood, the appropriate parties can determine what needs to happen before the sale.
MOVE TOWARD CLOSING
Once the title requirements are addressed, the real estate transaction can continue toward closing.
I'M PART OF THE SOLUTION —
BUT I'M NOT THE TITLE ATTORNEY.
One of the most important things I can do is recognize when something needs to be addressed and help connect the transaction with the appropriate professionals.
- Identify potential title or ownership concerns
- Help determine when additional professionals may be needed
- Coordinate communication as the transaction progresses
- Keep the real estate side moving
- Help prepare the property for market while issues are addressed
THE TITLE COMPANY OR ATTORNEY HANDLES THE LEGAL TITLE WORK.
I can help you understand the real estate process and coordinate with the professionals involved, but questions about ownership, liens, deeds and legal title should be answered by the appropriate attorney or title professional.
TITLE PROBLEMS ARE MUCH EASIER TO ADDRESS BEFORE THERE IS A BUYER WAITING.
If you already suspect there may be an ownership or title problem, bringing it up before listing can give everyone more time to understand the issue and determine what needs to be done.
Discovering a title issue after accepting an offer can add stress and potentially affect the transaction timeline. Getting the right people involved early can help avoid unnecessary surprises.
COMMON QUESTIONS
Can I sell a house if someone on the deed has died?
A property may still be sellable, but the appropriate estate and ownership requirements need to be addressed. An attorney or title professional can determine what documentation and authority are required.
What happens if there is an old lien on the property?
The lien may need to be investigated and addressed before closing. The title professional handling the transaction can explain what is required.
What if the person who owns the house isn't the person who has been paying the mortgage?
Ownership and mortgage obligations are separate issues that can require professional review. An attorney and the appropriate title and lending professionals can determine how the circumstances affect the transaction.
What if there are multiple owners?
The requirements depend on the ownership arrangement and the circumstances. The title professional or attorney can explain who needs to participate in the transaction.
Can I list the property before the title issue is fixed?
Sometimes the marketing and title-resolution processes can happen at the same time, but the specific situation should be discussed with the attorney or title professional before making that decision.
Do title problems mean I can't sell my house?
Not necessarily. A title issue means something needs to be identified and addressed. The appropriate professional can explain what is required in your particular situation.
SOMETHING DOESN'T LOOK RIGHT ON THE DEED?
Don't assume the property can't be sold. Start by understanding what the issue is and who needs to be involved. I can help you with the real estate side and help coordinate the process.
LET'S TALK ABOUT THE PROPERTY.
Tell me what you're seeing and we can start with the real estate questions I can help you answer.
TALK ABOUT MY SITUATION → EXPLORE OTHER COMPLICATED SALES →This page provides general real estate information and is not legal, title, tax or financial advice. Ownership, deed, lien, probate and title matters can vary significantly by situation. Consult a qualified Connecticut attorney, title company or other appropriate professional regarding your specific circumstances.