Protect Your Property Rights Before Closing the Deal
Before you close on a Michigan property, a clear title is essential.
Why? Because title defects in Michigan real estate can delay or derail your closing—and even result in future lawsuits. An unclear title will impede your ability to re-sell or mortgage the property later.
In this post, we explain what title defects are, why they happen, and how you or your real estate attorney can fix them.
What Is a Title Defect?
A title defect is any issue that clouds the legal ownership of real property.
In short, it prevents a seller from transferring marketable title—one that is clear, insurable, and free of legal risk.
Common title defects are often discovered during a title search before closing.
Why Title Defects Matter
If a title is defective:
- The buyer may not get full ownership.
- The buyer may become liable for another person’s claim.
- Title insurance may be denied.
- Mortgage lenders may refuse to fund the purchase.
As a result, title defects must be resolved before closing.
Common Title Defects in Michigan Real Estate
Here are some of the most common title defects in Michigan—and how they usually arise:
1. Missing or Incorrect Legal Descriptions
- Parcel boundaries are wrong or incomplete.
- Caused by errors in past deeds or surveys.
2. Breaks in the Chain of Title
- An earlier deed was never recorded or was recorded incorrectly.
- Creates gaps in ownership history.
3. Unreleased Mortgages or Liens
- Prior mortgage shows as unpaid—even if it was.
- Includes judgment liens, tax liens, HOA assessments, or contractor liens.
4. Improperly Executed Deeds
- Deed lacks proper signatures or notarization.
- Can result from DIY transfers or estate issues.
5. Undisclosed Heirs or Probate Issues
- Deceased owner’s property sold without probate or legal authority.
- Later heirs may claim ownership after the sale.
6. Forgery or Fraud
- Forged signatures or documents in the property history.
- A serious problem if not caught early (and even when it is!)
7. Easement and Access Issues
- Driveway, utility, or drainage easements that were not disclosed.
- May limit use or reduce value of the property.
How to Fix a Title Defect in Michigan
The right solution depends on the defect. However, here are common methods your attorney may use:
1. File a Corrective Deed or Affidavit of Error
A corrective deed or affidavit of error can repair errors in legal descriptions, missing signatures, and the identification of grantors and grantees and their addresses.
2. Quiet Title Action
A lawsuit to resolve ownership disputes, missing heirs, or breaks in the chain of title.
3. Obtain a Lien Release
A release of a recorded lien may be negotiated with a lender, contractor, or municipality.
4. County Probate Proceedings
Used to transfer legal title when real estate is not properly probated upon the death of the titled owner.
5. Affidavits or Confirmatory Deeds
To clarify boundary errors or resolve informal transfers.
How a Real Estate Attorney Helps
Title companies handle basic searches and insurance—but they don’t litigate or resolve complex issues.
A Michigan real estate attorney:
- Reviews the title commitment and exceptions
- Coordinates corrective filings or quiet title actions
- Communicates with lienholders and other attorneys
- Ensures title is clear so the closing stays on track
Without legal help, unresolved title defects can surface years later—often when it’s too late to fix them without a costly court battle.
Buying or Selling Property in Michigan? Don’t Skip the Title Review.
If you’re buying, selling, inheriting, or investing in Michigan real estate, don’t assume title is clean just because a title policy was issued.
Instead:
- Retain a Livonia, Michigan real estate attorney to review the title search.
- Ask about past liens, estate issues, or document errors.
- Fix problems now—before they become lawsuits later.
Talk to a Michigan Real Estate Attorney Today
Attorney John Hilla helps buyers, sellers, and developers resolve title defects in Michigan real estate.
We work with clients across:
- Livonia
- Detroit
- Farmington
- Westland
- Redford
- Ann Arbor
- Southfield
- Inkster
- Monroe
- And all of southeast Michigan
We offer:
- Flat-rate services for title reviews
- Quiet title actions and probate coordination
- Experienced, one-on-one attorney guidance
Click the button below to schedule your free consultation. Let us help ensure your Michigan property is clean, clear, and legally yours.