An unresolved title issue can cause a lot of problems when selling a home. Disputes over property lines, unpaid debts, or even typos in property records can make it unclear who owns a home. If you’re selling a home with title issues in South Carolina, you must deal with these issues before transferring your home to a buyer.
Common Title Issues
Several obstacles can prevent a clear title transfer from seller to buyer. Here are the usual issues you’ll find in a home:
1. Public record errors
A property deed can pose problems if there are mistakes in the document that outlines ownership details and specifics about the property. The deed must be corrected if it contains clerical errors or missing information before closing can take place.
The lender, business or government entity owed money by the seller can place a lien on the property, which means they have a legal claim on ownership of the home. Liens cannot be removed until a debt is repaid. The judge might mistakenly file a lien against your property if you have the same name as someone who has unpaid debts.
3. Unclear boundaries
Homeowners sometimes fail to clearly define their property lines, which can allow neighbors or public entities to claim ownership to part of the property, such as encroaching on other people’s land or being on public land.
4. Illegal deeds
An undocumented immigrant, a minor, a person of unsound mind, or a married person who claimed to be single may have documented their title illegally.
In outright fraud, a person might claim to be someone they’re not at the closing, or they might fabricate legal documents to claim ownership of the property.
5. Unknown or missing heirs
If the property owner died before selling the house, ownership disputes can occur. Family members who were absent when the person died might eventually step forward to claim their inheritance or contest the will’s ownership—or the will itself could have been missing and discovered right before closing, with stipulations as to who is entitled to the home.
What to Do with Title Issues in South Carolina
A title company or real estate attorney assists with identifying and resolving property title issues during the mortgage closing process. A title company checks the title to the property in question to ensure it is legitimate and free of defects. Meanwhile, a real estate attorney can help you resolve any title issues that arise and re-file public records.
Making sure there are no title surprises before closing takes a lot of legwork. Not to mention, you have to pay the title company and real estate attorney to conduct their due diligence. Sometimes you don’t have the budget or the time to look for title issues and resolve them.
Don’t fret, though—you can still sell your house even with title issues. You have two options:
Ask the buyer to resolve the title issues
Be transparent to potential buyers and inform them that the house has title issues. Offer to sell them the property provided that they resolve the title issues upon buying. However, you have to make an attractive offer to make them agree.
Sell to a cash home buyer
Cash home buyers give you cash upfront upon selling your house. These types of buyers usually buy properties as-is, which means you don’t need to remodel or spruce up your home. The best part is that they’re willing to buy your home despite the title issues.
Want a Fast, Fair Offer on Your House?
If you wish to sell quickly, or just don’t want to deal with the hassles of putting your house on the market and having strangers in and out for months, Sell
My House Fast GSAP can help. We buy houses in Pickens and other areas in SC using a simple process that would give our clients cash in a matter of days.
Simply get in touch with us, give us information on your house, and we’ll give you a fair cash offer. You can choose to negotiate the offer and close the deal on your schedule.
Ready to get started? Call us today at (864) 428-9197.