Tag: title

Ohio Disclosure Rules

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When selling your home, you are obligated to disclose problems that could affect the property’s value or desirability in Ohio. Sellers and their Realtors are required to document any known defects to potential buyers. Sellers also have to take a proactive role by making written disclosures about the condition of the property.  Disclosure of a problem doesn’t mean you must repair or correct it. A buyer has an interest in getting the deal closed as well and oftentimes will overlook minor issues. More times than not, the disclosed item can become a point of negotiation between you and your buyer.

The Residential Property Disclosure Form is designed so that prospective home buyers are aware of known problems with the property during your ownership for a period not to exceed the past five years. Once the buyers have this in their hands, they have the right to rescind the purchase contract if it is made before the closing, within 30 days of signing the purchase contract and within three days of receiving the form itself.

Not everything needs to be disclosed. Many problems are obvious – a water stain on the ceiling for example or a deck that is rotten and falling apart. As a seller, you don’t have to disclose it. You can’t conceal or prevent a buyer from investigating the problem. A defect that is open, observable and can be discovered through inspection and inquiry is called a patent defect. The buyer can be held responsible and liable for all defects that could have been discovered upon inspection.  The burden is on the buyer to notice these issues prior to purchase.

If there’s any doubt about whether something should be disclosed, the best policy is to err on the side of disclosure. Full disclosure will protect sellers from future legal claims.

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Quitclaim Deeds

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When a mortgage is in danger of becoming an unsustainable burden a homeowner’s finances,  they may sign a quitclaim deed that will transfer some ownership interest in their home to another party. Quitclaim deeds are most often used when a home is transferred between family members or to cure a defect on the title, such as a name that has been misspelled, or  when an owner gets married and wants to add a spouse’s name to the title, or when the owners divorce and one spouse’s name is removed from the title. Sometimes, they may be used to transfer ownership of a home from an individual to a sole proprietorship or corporation.

Common facts needed to understand a quitclaim deed:

  1. The quitclaim deed contains no warranties of title or ownership. If the grantor owns nothing, the grantee receives nothing.
  2. When purchasing a home, the buyer should receive a general warranty deed, not a quitclaim deed. Title insurance is favorable and often required by mortgage lenders.
  3. A real estate purchaser under a quitclaim deed is in many legal situations considered to be on notice that the title has defects.  It is recommended that an experienced professional undertake a title examination based upon a title search and render a title opinion prior to completing the purchase.
  4. If one has borrowed money under a real estate mortgage, a quitclaim or other deed to a third party does not release one’s liability for the mortgage debt. The lender may release a debt, but a borrower can’t avoid payment by unilaterally shifting that debt to a third person.
  5. Subsequent ownership by the grantor after the delivery of a quitclaim deed is not impacted or transferred by the quitclaim deed.
  6. Recording any deed in the public records at a local courthouse or recorder’s office, as determined by state law, only gives public notice of one’s claim of ownership. A deed does not guarantee actual title or ownership.
  7. If two or more individuals are co-owners of real estate, a quitclaim deed by one owner only transfers at best that one owner’s ownership rights. If the quitclaim deed requires the signature of all co-owners, the deed is invalid unless all co-owners have signed it and the deed is then delivered to the grantee. However, if the quitclaim deed allows one co-owner to sign it and claims to transfers the entire property to a grantee who takes physical possession of the property, then the deed may create an adverse possession ownership claim to the entire property.
  8. If one individual owns real estate and desires to add a co-owner such as a spouse, a quitclaim deed might be used. It’s in the best interest to contact an attorney before doing so, in order to curtail any taxation or inheritance issues.
  9. Call the best Title Insurance Agency because a title examination is necessary.
  10. There can’t be a reversal in a quitclaim unless the original owner proves that the quitclaim deed was signed under duress in a court.

As efficient as quitclaim deeds are in transferring real estate ownership from one person to another, they suffer from certain shortcomings that make them inappropriate for all but their intended purposes. Whereas they transfer title to a property, nothing more and nothing less, purchasers demand transfer assurances that quitclaim deeds can’t provide. They want warranties that guarantee “clear title” or lack of ownership encumbrances in the property. In such transactions, sellers transfer their real properties with general or special warranty deeds that offer those assurances to their buyers.

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Best Title Insurance Company

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All homes on the market have a history and using the best title insurance company will aid you in the discovery of any title defects that are connected to the property that you want to buy by completing a title search. Problems that come up often are clerical (incorrect spellings, wrong address, inaccurate property description) or filing error in the public record that can include street & sewer assessments, judgments, and special taxes assessments.

Beyond human error, a good title company will be able to identify:

Unknown Liens:  Possible claims against the property, often the result of unpaid taxes or a judgment involving a creditor. This isn’t your responsibility to take care of – but can give you some leverage in the purchase of the home.  The best Realtor in your area will always do the due diligence for you.

Illegal Deeds: There is always the possibility that a prior deed was made by an undocumented immigrant or a minor that will affect the ownership of the home.

Missing Heirs: This can lead to a major problem for you, as a buyer. If the home was sold and there are family members that come along after the sale claiming and proving to be an heir to the home it could lead to an expensive problem for you.

Forgeries: Occasionally forged or fabricated documents that will affect property ownership are filed within public records, obscuring the rightful owner of the property.

Undiscovered Encumbrances:  Former mortgage liens or non-financial claims, such as restrictions or covenants limiting the use of your client’s property not surfaced at the time of purchase could result in a third party having a legitimate claim on the home.

Unknown Easements: Easements for driveways, roads, and sidewalks over a neighbor’s property, for example, are very common and can have a huge impact on the value of a property.

Having title insurance will provide you the protection from the above problems – some of which may not come to light until after closing.  There are many potential impediments to a clear title. Title problems can be the most expensive to fix, thus, when buying a home you want to make sure a search has been done and that you are protected going forward. The title insurance exists to protect you and your heirs against any losses resulting from future claims by a third party.

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