Posted on: 08th Apr, 2004 10:13 pm
"Cloud on title" exists on the title to the property if any outstanding claim affects your title to the land.
Example: Suppose you have been informed that the ownership of your sea-beach property is no longer valid due to an earlier deed on the same. This implies that someone has challenged your ownership of the property. This condition is referred as "Cloud on title".
The cloud on your title can be removed through court proceeding which can establish that you are the actual owner of the land.
"Cloud on title" differs from the "Color of title" or the "Apparent title". The "Color of title" occurs when any fact appears in support of the claim of title to a property but fails to establish the ownership in legal terms. A "Color of title" occurs in the form of writing. The legal document gives a description of the land involved in the "Color of title".
For example, suppose that you have purchased a property for investment purposes and you know that you have got a valid title. But later on, you find that the previous owner's title handed over to generations has some defects due to which the "Color of title" has occurred.
Example: Suppose you have been informed that the ownership of your sea-beach property is no longer valid due to an earlier deed on the same. This implies that someone has challenged your ownership of the property. This condition is referred as "Cloud on title".
The cloud on your title can be removed through court proceeding which can establish that you are the actual owner of the land.
"Cloud on title" differs from the "Color of title" or the "Apparent title". The "Color of title" occurs when any fact appears in support of the claim of title to a property but fails to establish the ownership in legal terms. A "Color of title" occurs in the form of writing. The legal document gives a description of the land involved in the "Color of title".
For example, suppose that you have purchased a property for investment purposes and you know that you have got a valid title. But later on, you find that the previous owner's title handed over to generations has some defects due to which the "Color of title" has occurred.
Some of the conditions under which a cloud on title may exist on the title to your property are given below.
Type | You're buying a home from... |
| Marriage | A single woman or man, but the title search discloses that there are two names on the deed and it reveals that they're married. |
| Death | The children of a widowed woman who recently passed away, but there's no will on file that shows what she had further concern for her property. |
| Money Items | A seller who has not paid property taxes for the last 6 months. The search reveals that the county government has placed a lien on the property. |
| Divorce | A man who bought a home before getting married and later on he got divorced. In some states, the woman is entitled to 50% of the property, although she doesn't file suit. |
| Mechanic's liens | An owner who refuses to pay the company that has installed the new air conditioning system. The search discloses that the company has placed a lien on the property. |
I've done a title search on the property i live in and i dont know who own the trustee title deed to my home
Hi Yolanda,
Didn't the title search reveal the name of the property owner?
Jerry
Didn't the title search reveal the name of the property owner?
Jerry
If a partnership has ended, and only one person is wanting to be on the loan from the BLM, for the property, can the other just sign over their half if they are willing to give it up?
hi cheri!
welcome to forums!
just signing over the property won't remove the person from the mortgage docs. it will only remove the person from the property deed. the person who wants to retain the property and the mortgage will have to refinance the existing mortgage in his name. this will make the person solely liable for the loan and the other person will be released from the responsibility of the mortgage.
feel free to ask if you've further queries.
sussane
welcome to forums!
just signing over the property won't remove the person from the mortgage docs. it will only remove the person from the property deed. the person who wants to retain the property and the mortgage will have to refinance the existing mortgage in his name. this will make the person solely liable for the loan and the other person will be released from the responsibility of the mortgage.
feel free to ask if you've further queries.
sussane