A clear and unbroken chain of titles
Real Estate

A clear and unbroken chain of titles

The chain of title is a clear and unbroken chronological record of ownership of a specific property. Tracing the chain of title simply means tracing successive transfers of title, starting with the current writing and going back an appropriate number of years. Each owner is linked to the previous owner and the subsequent owner through deeds, forming a chain of title as recorded in public records.

A gap in the title chain creates uncertainty, known as a title cloud, also called title color. A cloud in the title could be something simple. For example, Sue Jones buys a house; she gets married and is now Sue Smith. When she sells the house, the grantor’s name on the deed is Sue Smith. This creates a break in the title chain.

A silent title action, also called a silent title action, may be required to close missing links and remove the cloud in the title. This is a trial submitted to determine and troubleshoot instruments transmitting a particular terrain. The purpose of this lawsuit is to clarify a particular, known claim, title defect, or perceived defect. To close the gap and clear the cloud over title, the court can issue a quitclaim deed or writ of judgment.

A script that falls outside the chain of title is said to be a wild script. Buyers and lenders are not required to have constructive notice of wild facts. For example, Ann buys a house and records the deed to it. She later sells the house to Bob, who doesn’t record the deed to it. Bob sells the land to Curt and Curt records the deed to it right away. Now there is a break in the title chain. The log shows only Ann’s handwriting and Curt’s handwriting, but the link between them (Bob’s handwriting) is missing, so Curt’s handwriting is a wild handwriting.

Ann knows that Bob never registered his deed and decides to sell the same property a second time. This time she sells it to Dan. Dan doesn’t know about Bob or Curt, so he has no reason to look up those names in the dealer/licensor index. He looks up Ann’s name in the index, and from what he can see in the registry, she still owns the property. So, Dan buys the house. Dan has no constructive notice of Curt’s interest in the property, because Curt’s deed was outside the chain of title. So this is why it is so important to understand the chain of title before buying a home and why lenders require clear title to be insured by a reputable title company.

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