how to clear a title defect when a deed is recorded before a power of attorney in south carolina

Methods include: discharge by the recording of a satisfaction of the mortgage removing the realty from the lien of the mortgage by recording a release; discharge by court order; and, in some limited cases, discharge by a filing by a third party, such as a title insurer, a court-appointed personal representative, or an affidavit executed by an attorney at law or attorney in fact.

Full Answer

When is a deed a defect in the title?

The requirements essentially are: [1] the property is legally described; [2] the docket and page or recording number of the underlying encumbrance is recited in the recorded document; [3] the document contains language that releases the mortgage or deed of trust and revests in the mortgagor or person who executed the deed of trust, or his legal representatives, all title to the …

How do you clear a mortgage with a title defect?

Mortgages can be “cleared” by the owner obtaining a document known as a “release of mortgage,” and then recording that document with the land records office. Not all title defects can be easily cured, or remedied. When ownership of property is disputed, the person claiming ownership may have to file a lawsuit in court.

How do you quiet title on a tax deed sale?

Nov 17, 2014 · Errors in a deed may create uncertainty about the title and cause problems when the current owner tries to transfer the property at a later point. Executing and recording a correction document is an easy way to prevent this. Once recorded, deeds become a permanent part of the public record.

What should every real estate practitioner know about defective deeds?

this, but the law is clear that the title of property stays in the name of the person who inherited it. A Person Receives an Invalid Deed There are a number of ways a person can challenge or invalidate a deed. When these conditions apply to a deed, the owner should see a real estate attorney for help. Proper deeds describe the property, not with

What type of deed is used to correct a mistake in a prior conveyance?

A Corrective Deed is used to fix/correct an error on a California deed which has already been recorded. This type of deed does not create a new interest. The Corrective Deed will correct the deed document on the earlier transfer of interest.Jan 18, 2018

What must happen before a deed can be recorded?

In order to be recorded and to be valid, it needs to be formatted in accordance with the current county and state guidelines. In the form of a real estate deed, there must be an indication that the document is conveying real property or an interest in real property to someone.

Which deed is used to clear up title defects that are called clouds on title?

quitclaim deedClouds on the title are resolved by initiating a quitclaim deed, which releases a person's interest in a property without stating the nature of the person's interests. Any property that has liens or is under foreclosure is unattractive to potential buyers because they create a cloud on the title.

Can a title company change a deed?

A local title company can add a person to the deed of your home, but the painless process must be done lawfully.Feb 12, 2019

What would be used to clear a defect from the title records?

Many title issues can be resolved by filing one of three common documents: A quit claim deed removes an heir and clears up title among co-owners or spouses. A release of lien/judgment removes a paid mortgage or spousal or child support lien. A deed of reconveyance records payment of a mortgage under a deed of trust.Jun 20, 2016

How do I verify a title deed?

The Register of Deeds should be able to provide you a “Certified True Copy” of the title to ensure its authenticity. Request the seller of the property to give you a photocopy of the title since the Register of Deeds will need information such as the title number and the owner's name.Jun 13, 2017

Which type of deed would most likely be used to clear a cloud or defect on title to real property?

Quitclaim deeds are used to cure clouds on title. Unlike warranty deeds, quitclaim deeds do not convey after-acquired title and they do not contain any warranties.

What does a clouded title mean?

encumbranceA cloud on title is a claim or encumbrance that affects the ownership of a property. These claims or encumbrances can arise from easements or mortgages on the land. They can also arise from a defect in a deed or a lien that may yield title to a third party such as mechanic's liens.

What action identifies if any liens are on a property?

The term title search refers to the examination of public records to determine and confirm a property's legal ownership. Title searches are conducted through many sources, including deeds, tax liens, land records, court judgments, among others.

How do I remove a name from a deed?

If you need to remove a name from a title deed for a property with a mortgage on it, you will need written consent to do so from the lender. Generally, it is easier to obtain this if the person(s) left on the title deed is (are) sufficiently financially secure.

How long does it take to change title deeds?

The transfer process can take up to 3 months. There are different phases involved in the transfer of a property.

How do you change the name on a deed?

Getting the name changed on your deeds is an easy process and you do not need to involve a solicitor. Generally there is no fee to pay either. You simply need to send a letter to the Land Registry office requesting the name change, together with either the original or a certified copy of your marriage certificate.