Why Should Buyers and Sellers Understand Common Title Problems?

A real estate closing is a significant milestone, but it’s also a legal process that relies on clean, accurate title records. Unfortunately, many transactions face delays—or even fail—due to issues that surface during the title search. From undiscovered liens to fraudulent deeds, these problems can jeopardize ownership and lead to costly legal disputes.

At Accurate Title, we help buyers, sellers, and real estate professionals navigate and resolve title concerns early. Here are five of the most common title issues we see across New Hampshire, Massachusetts, and Southern Maine—and how to avoid them.

1. How Do Errors in Public Records Affect Title?

Common Mistakes

Clerical mistakes in property records—such as incorrect legal descriptions, outdated ownership data, or improperly recorded liens—can disrupt closings. These issues are often unintentional but may still require legal correction.

How to Identify and Fix

A professional title search reviews recorded documents for discrepancies. Once identified, a corrective deed or formal affidavit can typically resolve the error. Owner’s title insurance can also provide coverage if errors are discovered after closing.

2. What Happens If There Are Missing Heirs?

Why It Occurs

If a property was inherited but an heir was never located or notified during probate, they may later surface and contest the transaction. This is common in older estates or properties held through multiple generations.

How to Prevent It

Executors must make a good-faith effort to find all heirs. Title professionals verify court records, published notices, and ownership chains. In some cases, a quiet title action may be required to resolve inheritance disputes before a sale.

3. Are Illegal Deeds Still a Risk in Today’s Market?

What Qualifies as an Illegal Deed

A deed may be invalid if it was signed by someone who lacked the legal capacity to convey the property—such as a minor, an individual under duress, or someone misrepresenting their marital status. Fraudulent activity, such as forged signatures, also invalidates ownership.

Preventive Measures

Accurate Title’s title searches look for red flags in the ownership history. We also encourage clients to monitor public filings through county registries and consult an attorney if they suspect past fraud or deed manipulation.

4. How Do Undiscovered Liens or Encumbrances Disrupt Closings?

Types of Liens

These include unpaid taxes, HOA assessments, contractor debts, or court judgments—any of which can attach to the property and complicate a transfer.

How We Resolve Them

We investigate all recorded liens during the title search. Our team works with attorneys, creditors, and sellers to resolve or pay off liens before closing. Encroachments or easements (such as utility access rights) may also require renegotiation or property boundary clarification through surveys.

5. Can Title Insurance Protect Against Future Title Defects?

Yes. Owner’s title insurance protects your legal claim to the property against unknown issues that weren’t discovered during the title search. This may include previously unrecorded easements, forged documents, or future claims from missing heirs.

Title insurance is a one-time cost at closing and offers long-term protection—an essential safeguard in high-value or multi-owner transactions.

Why Accurate Title Is Your Best Defense Against Title Defects

With over 40 years of experience serving Hillsborough, Rockingham, Belknap counties, and beyond, Accurate Title understands how to resolve complex title challenges efficiently. Our team of attorneys, processors, and title professionals ensures every transaction meets state, lender, and underwriter standards.

We deliver:

• Thorough title searches and issue detection

• Expert coordination with attorneys and lienholders

• Fast, responsive document correction

• Title insurance through trusted national underwriters

Protect Your Investment Before Closing

Title issues don’t have to derail your deal. By partnering with Accurate Title, you gain a team committed to protecting your transaction—before, during, and after closing. Whether you’re buying, selling, or refinancing, we’re here to ensure your property rights are secure.

Visit https://www.accuratetitlenh.com for more information.