7 Common Title Problems That Delay Closings (and How We Fix Them)

Most closings go smoothly, but when a delay happens, a title issue is often the cause. The good news: experienced title teams find these early and know how to clear them.

1. An old mortgage that was never released

The seller paid off a loan years ago, but the lender never recorded a release. We contact the lender (or its successor) for a release, or use underwriter-approved procedures to clear it.

2. Unpaid property taxes

Delinquent city or county taxes become liens on the property. They’re paid at closing from the seller’s proceeds.

3. Judgment liens

A court judgment against the seller — or someone with a similar name — can attach to real estate. We confirm whether it applies and arrange payoff or an affidavit when appropriate.

4. Contractor or mechanic’s liens

Unpaid contractors may file liens for work performed. These must be paid, bonded, or released before closing.

5. Estate and heirship issues

If a prior owner passed away, the property may need to go through probate or heirship documentation before it can be sold. These files take longer, so let us know early.

6. Divorce and spousal rights

A divorce decree may affect who must sign the deed. We review the decree and make sure the right people sign.

7. Legal description or boundary errors

Typos in prior deeds, plat discrepancies, or survey issues may require corrective documents.

How to avoid delays

• Send the contract to the title company as soon as it’s signed.
• Sellers: share any knowledge of estates, divorces, liens, or past refinances early.
• Respond quickly to requests for payoff authorizations and information sheets.
• Use the online portal so documents are never stuck in an inbox.

Related: Title Insurance · For Realtors · Closing Services

This article is general information, not legal, tax, or financial advice. Every transaction is different — consult your attorney, lender, or tax professional about your situation.