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1st Rate Title & Settlement Services

1st Rate Title & Settlement Services

New Jersey’s Comprehensive Title Agency

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What are the problems that could affect my title?

The following are some of the types of title defect that would adversely (negatively) affect your property:

  • Forged deeds, mortgages, satisfaction or release of mortgages and other instruments
  • False impersonation of the true owner of the land or his consort
  • Instruments executed under fabricated or expired power of attorney (death or insanity of principal)
  • Deed apparently valid but actually delivered after the death of the Grantor or Grantee, or without the consent of Grantor
  • Deeds by persons of an unsound mind
  • Deeds by minors
  • Deeds not properly delivered
  • Deeds which appear to convey title but are really mortgages
  • Outstanding prescriptive rights not of record and not disclosed by survey
  • Descriptions apparently but not actually adequate
  • Duress in execution of instruments
  • Failure to include necessary parties in judicial proceedings
  • Federal estate and gift tax liens
  • State inheritance and gift tax liens
  • Errors in tax records (For example, listing payment against wrong property)
  • Ineffective waiver of tax liens by tax or other govern authorities repudiated later by successors
  • Corporation franchise taxes as lien on all corporate assets, notice of which does not have to be recorded in the local recording office
  • Erroneous reports furnished by tax officials, but not binding on municipality
  • Tax homestead exemptions set aside as fraudulently claimed
  • Lack of capacity of foreign personal representatives and trustees to act
  • Deeds from non-existent entities
  • Interests arising by deeds to fictitious characters to conceal illegal activities on the premises
  • Deeds in lieu of foreclosure set aside as being given under duress
  • Ulta vires deed given under falsified corporate resolution
  • Conveyances and proceedings affecting rights of servicemen protected by Soldiers and Sailors Civil Relief Act
  • Federal condemnation without filing of notice (Federal law does not require filing of notice of taking in local recording office)
  • Deed from record owner of land where he has sold property to another purchaser on unrecorded land contract and the purchaser has taken possession of premises
  • Defective acknowledgment due to lack of authority of notary (acknowledgment taken before commission or after the expiation of commission)
  • Deed of property recited to be separate property of Grantor which is in fact community or joint property
  • Lack of a legal right of access to and from the property
  • Matters affecting title whose origins existed before the period of title examination and which have not prescribed by operation of law
  • Deeds by persons apparently single but actually married
  • Deed from bigamous couple (prior existing marriage in another jurisdiction)
  • Undisclosed divorce of spouse who conveys as sole heir of deceased consort
  • Undisclosed heirs
  • Misinterpretation of wills, deeds and other instruments
  • Birth or adoption of children after date of will
  • Children living at date of will but not mentioned therein
  • Discovery of will of apparent intestate
  • Discovery of later will after probate of first will
  • Administration of estates and probate of wills of persons absent but not deceased
  • Conveyance by heir, devisee or survivor of a joint estate who murdered the decedent
  • Deed from trustees of purported business trust which is in fact a partnership or joint stock association
  • Deed of executor under non-intervention will when order of solvency has been fraudulently procured or entered
  • Deed to or from corporations before incorporation or after surrender of forfeiture of charter
  • Claims of creditors against property conveyed by heirs or devisees within prescribed period after owner’s death
  • Mistakes in recording legal documents (for example, incorrect indexing, errors and omissions in transcribing and failure to preserve original instruments)
  • Record easement, but erroneous ancient locations of pipe or sewer line that does not allow route of granted easement
  • Special assessments where they become lien upon passage of resolution and before recordation or commencement of improvements for which assessed
  • Lack of jurisdiction of person in judicial proceedings

And there are many others…

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1st Rate Title & Settlement Services

115 Route 46 West, Suite F
Mountain Lakes, NJ 07046

Tel: (973) 316-6025
Fax: (973) 316-6024
Email: emccloud@1stratetitle.com

We are a title insurance agency servicing New Jersey, energized and eager to meet your title requests with an experienced title insurance staff.

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