What Happens if We Find a Title Error When We’re Buying a Home?

 Posted on March 13, 2025 in Real Estate

Buying a home is an exciting milestone, but the process can become very stressful if title issues arise. A title error can delay closing, cause unexpected legal problems, or even prevent you from buying a home you have already fallen in love with.

If you discover a title issue while buying a home in Kane County or DuPage County, it is essential to address the problem quickly and correctly with an experienced lawyer.

As a dedicated Illinois residential real estate attorney, DLAW, PC works closely with clients to ensure their home purchases go smoothly. When title errors appear, we take a hands-on approach to resolving them so our clients can move forward with confidence.

What Are Common Title Errors?

A home’s title is the legal record of ownership. Before closing on the sale of a home, a title search is conducted to uncover any potential issues. Some of the most common title errors include:

• Unpaid liens: A previous owner may have outstanding debts, such as unpaid property taxes, contractor liens, or judgments, which must be settled before the title can be transferred.

• Unknown heirs or ownership disputes: If a past owner passed away and their estate was not properly settled, there may be heirs who still have a legal claim to the property.

• Clerical mistakes: Errors in past deeds, such as misspelled names, incorrect legal descriptions, or missing signatures, can cause problems with ownership.

• Boundary or easement issues: If there is a dispute over property boundaries or an easement that was not properly recorded, you may need to take legal action before closing.

• Fraud or forgery: In rare cases, fraudulent transfers or forged signatures in a property’s history can create legal challenges for a new owner.

What Happens When a Title Issue Is Found?

If a title issue is discovered during the buying process, it does not necessarily mean the deal is off, but it does require careful attention. First, the problem needs to be fully understood with the help of an attorney, the title company, and the home’s current owner.

Next, the person responsible for fixing the title problem needs to be identified. This is usually the home’s current owner. Fixing a title error might involve paying off a lien, fixing an error in a deed, or securing a legal release for any claims against the home.

At this point, a real estate lawyer can negotiate a solution that will be the fastest and most effective for the person trying to buy the home. If title risks cannot be totally eliminated, title insurance may be a good option.

If the title issue is resolved to the buyer’s satisfaction, the next step is to close on the sale, ensuring all legal documents are in order.

Contact a Kane County, IL Real Estate Lawyer

If you are buying a home and encounter a title issue, you do not have to navigate it alone. At DLAW, PC, our DuPage County, IL residential real estate attorney is committed to helping homebuyers resolve title problems so they can move forward with buying a home. Contact us today at 331-222-7978 for experienced, personalized real estate guidance.