Title problems when selling: clouded title, missing heirs and lost deeds
An old lien, a missing signature or a lost deed can hold up a closing. Most can be fixed. Here's where to start.
No obligation. No pressure. Takes about 2 minutes.
The short answer
A title problem is anything in the records that raises doubt about who owns the house or what's owed against it, such as an unreleased lien, an heir who never signed, or an error in an old deed. The buyer's title company searches the records and will want each issue cleared before closing. Many are fixed with paperwork, like a recorded release; harder ones can need a court case to quiet title.
Step by step
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Look at the records yourself
Land records are public. Virginia circuit court clerks' records can be searched through the courts' Secure Remote Access system, with free index searches at participating courts. Maryland's land records are online through the State Archives, and DC's Recorder of Deeds keeps the District's property records.
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Lost deed? Check the recorded copy
The deed that counts is the one recorded in the land records, so losing your original is usually not a problem on its own. The land records office can give you a copy.
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Missing or unknown heirs
If a past owner died and the estate was never settled, the heirs may need to sign or the estate may need to go through probate before a sale. A real estate or probate attorney can tell you what's needed.
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When it takes a court
If someone claims an interest in the property and won't release it, the owner can ask a court to remove the cloud. Maryland law, for example, lets a person in peaceable possession sue in circuit court to quiet title or remove a cloud.
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Why buyers care
The CFPB says most lenders require lender's title insurance, and an owner's policy protects a buyer against claims from before they bought. That's why title problems get sorted out before closing.
Sources: CFPB: What is owner's title insurance? · Virginia Court System: Secure Remote Access to land records · Maryland land records (Maryland State Archives) · DC Office of Tax and Revenue: Recorder of Deeds · Maryland Real Property § 14-108 (quiet title)
This page explains title problems in general. It isn't legal advice. Title issues depend on the records for your property, so talk to a real estate attorney or title company.
Cash offer vs listing
Example: a $250,000 home
| Offer | $205,000 |
|---|---|
| Repairs | $0 |
| Commissions | $0 |
| Closing costs | $0 |
| You walk away with | $205,000 |
| In 7 to 14 days | |
| Sale price | $250,000 |
|---|---|
| Repairs | about $8,000 |
| Commissions | about $13,800 |
| Closing and holding | about $6,000 |
| You walk away with | about $222,200 |
| In 60 to 90 days | |
Example only. Your numbers depend on your home and market.
Once you know what's on the title, we'll show you a cash offer next to what listing could net, so you can decide with the full picture.
Frequently asked questions
What is a cloud on title?
Any claim, lien or record problem that raises doubt about ownership, such as an unreleased mortgage or a question about who inherited the house.
Can I sell a house with a title problem?
Usually once it's cleared. Some fixes are quick paperwork; others take a court case.
Where can I look up my property's records?
In the land records for your county or city: Virginia circuit court clerks through Secure Remote Access, Maryland's online land records from the State Archives, and DC's Recorder of Deeds.
Who are you?
We are real estate investors based in Baltimore, helping homeowners since 2016. We buy houses directly for cash. We are not a licensed real estate brokerage and do not list homes ourselves; if listing could get you more, we show you the math so you can choose.