Title Curative Services

There are lots of issues that can encumber a property, making it difficult to sell in the future. At PropLogix our Title Curative Specialists are trained to resolve issues specific to:

• Mortgages
• Deeds of Trust
• Missing Mortgage Assignments
• Other Mortgage-related Documents 

For this reason, it’s important to have the following to proceed with this service:

• Title Commitment (or title work of some kind)
• Copy of the Mortgage or Deed of Trust
• Any Assignments

Additional helpful information includes:

• Proof of Payoff
• Any other verbal confirmation or written documentation related to the needed release, the current or previous lien holder(s), and details on when and how the lien was paid off.

If only some of these documents are available, our Specialists will reach out after you place your order to advise you on next steps and potential delays. 

Timing

Title Curative is done before the closing as part of pre-closing title work. After a title search is conducted on a property, the title agent will check to see if there are any clouds or defects and then start the process of clearing those defects. This must be done to issue a new title policy on behalf of a lender and/or new homeowner.

Release Tracking occurs as part of the post-closing process. Because the period of time it takes to record the lien releases and satisfactions can take up to 30-90 days, Title Agents will issue the title policy before the documents are officially recorded. When the appropriate time has elapsed, the agent checks the public record for any missing releases. 

Document Types

Title Curative may involve the resolution of various types of title defects. At PropLogix, our title curative specialists currently focus only on mortgage or deed of trust-related documents. 

Release Tracking includes not just mortgage-related documents; we also track HELOCs, Judgments, Lis Pendens, and virtually any document that requires a subsequent release as outlined in the Title Commitment. 

Difficulty

Title Curative typically requires a lot more detective work due to the age of the unreleased documents. 

Release Tracking takes place soon after closing, which makes it much easier to track the correct parties to request the appropriate documents be filed with the county recorder.

Cost

Release Tracking is a small flat fee for each title commitment, regardless of the number of instruments to be tracked. Resolution is also included in this fee.

Title Curative costs are much higher due to the detailed nature of the work that requires extensive research and correspondence with various parties. 

Sometimes the documents that are supposed to be recorded to establish the owner of a property and/or the current mortgage lien holder are not properly recorded or are missing completely from the public record, creating a “cloud” or title defect. These defects must be resolved before a homeowner can sell or refinance their home. 

A clear title means that the title company or law firm can issue a marketable title policy to the new lender and homeowner, so some examples of when title curative work is needed include: 

      There is a missing chain of title documents like a: 

• Mortgage
• Deed of Trust
• Mortgage Assignment 
• Mortgage Satisfaction
• Mortgage Release 
• Deed of Reconveyance

 A legal description error that creates potential boundary disputes due to:

• An erroneous deed or inconsistent deed descriptions
• Conflicting surveys 
• Mismarked or misidentified corners 

 There are involuntary liens against the house, like: 

• Child Support Liens
• Municipal Liens 
• Tax Liens 
• Mechanic’s liens 

Title curative work must be done before the closing can occur when it’s financed through a lender. A cash deal may be transacted without a professional title search, and no title policy is subsequently issued to the buyer.