How can a buyer clear a title defect?

A buyer can clear a title defect effectively by obtaining a release from the claimant or using a quiet title action.

When there is a defect in a title, it typically implies that there are unresolved claims or issues that may affect the ownership rights of the property. One way to address these claims is to obtain a release, which is a legal document that confirms the claimant no longer has a right to the property and dissolves their claim. This provides clear legal assurance that the title is free from that particular defect.

Alternatively, a quiet title action is a judicial process wherein the buyer can ask the court to confirm their ownership of the property and to remove any challenges to the title. By successfully pursuing this action, the buyer can obtain a court order that clarifies the title status, thereby resolving any disputes and establishing a clear title.

Both of these methods are proactive and legally sound ways to ensure that any title defects are addressed and resolved, ensuring that the buyer can proceed with confidence in their ownership of the property.