The routine problems found in a search, and how each is fixed.
Esshaki Legal Media TeamCurrent as of August 2026
Most title defects are cured administratively rather than by litigation, and
knowing the standard fixes saves weeks.
Undischarged mortgages. Payoff and recorded discharge, or where the lender
no longer exists, a statutory affidavit procedure available in many states after
a period.
Name discrepancies. A scrivener’s affidavit or a correction deed where the
grantor is available.
Missing signatures or acknowledgments. A confirmatory deed, or a curative
statute validating instruments after a period.
Deceased owners. Probate, or where available a small estate procedure,
affidavit of survivorship for joint tenancies, or a determination of heirs
proceeding.
Judgment and tax liens. Payoff and release, or a court order where the lien
has expired by statute but remains of record.
Old easements and restrictions. Release from the holder, or reliance on a
marketable title act extinguishing interests not re-recorded within the
statutory period.
Gaps in the chain. A quiet title action where affidavits will not satisfy
the underwriter.
The practical route. Ask the title underwriter what it will accept before
choosing a method. Underwriters have internal standards for what supports
insuring over a defect, and a curative approach that satisfies them is worth
more than one that is theoretically sound.