Understanding Title Issues in Real Estate: What Can Go Wrong, and How to Fix It

Sara Naheedy, Esq.
Jul 24
3 min read

When you’re in the middle of buying or selling a property, discovering a title issue can stop everything in its tracks. These issues are more common than people realize… and they can create delays, disputes, and even lawsuits if not addressed properly.

A row of houses with windows and a green lawn

Here’s what every buyer, seller, and agent should know about title issues, how to fix them, and why having a real estate attorney involved can make all the difference.

What Is a Title Issue?

The title is the legal right to own and use a property. When you purchase real estate, you’re not just buying the land or the structure, you’re also acquiring the legal ownership.

A title issue is any problem that creates doubt about who legally owns the property or who has a right to use it. Until those issues are resolved, a sale typically cannot close.

Common Title Issues That Can Disrupt a Real Estate Transaction

1. Unpaid Liens or Mortgages

Liens from contractors, property taxes, HOAs, or unpaid loans may remain on the title even after ownership changes. These must be paid off or resolved before the title can be transferred.

Example: A buyer discovers a $15,000 tax lien during escrow that was not disclosed. The closing is delayed until the seller pays the lien or negotiates a resolution.

2. Errors in Public Records

Clerical mistakes, incorrect legal descriptions, or misspelled names in recorded documents can create uncertainty about the property’s ownership.

3. Unknown Heirs or Disputed Ownership

If a previous owner passed away without a clear will or trust, family members or heirs may come forward later and assert a claim to the property.

4. Forged or Fraudulent Documents

Occasionally, deeds are forged or created by individuals who do not have legal authority to transfer ownership. This can result in future legal challenges.

5. Boundary or Survey Disputes

If property boundaries are unclear, or if there is a conflict between surveys, neighbors may dispute who legally owns a portion of the land.

How Title Issues Are Typically Resolved

Many title problems are fixable, if addressed early.

Liens are usually paid off or negotiated as part of closing.
Clerical errors can be corrected through affidavits or amended filings.
Heir or ownership disputes may require a probate court order or quiet title action.
Forged documents often require litigation and a court judgment to clear.
Boundary disputes can be resolved with new surveys, easements, or boundary line agreements.

Each resolution takes time, documentation, and often legal negotiation.

Why You Need a Real Estate Attorney

A real estate attorney provides a level of protection and due diligence that goes beyond what a title company or real estate agent can offer. At Sara Naheedy Law, we:

Review preliminary title reports and spot red flags early
Work directly with title and escrow officers to clear issues
Draft customized indemnity clauses to protect our clients
Negotiate lien releases and settlements
Represent clients in quiet title actions or probate matters when necessary

Our goal is to ensure that the title is clean, marketable, and ready for a smooth closing.

Final Thoughts

Title issues can derail a real estate transaction, but with the right legal guidance, most can be resolved efficiently. Whether you’re buying your first home, selling an investment property, or transferring ownership within your family, protecting your title is essential.

If you're navigating a title issue or want legal oversight before closing, contact us. We offer strategic, client-focused legal support for real estate matters across California.

Schedule a consultation today to review your title or resolve a title issue before it becomes a bigger problem.