Guide · Real Estate

Title, Survey, and Closing Problems: A Comprehensive Guide to Defects, Insurance, and Cures

11 U.S.C. § 544

Type
Guide
Jurisdiction
National
Date
2026-02-21
Topic
Real Estate

This guide covers title, survey, and closing practice systematically. The opening parts cover what a title examination searches, the recording acts that determine priority among competing claims, and the marketable title standard that a purchase contract typically requires. A detailed part reads the title commitment schedule by schedule, treating Schedule B-I requirements as a work list and Schedule B-II exceptions as the definition of what the policy does not cover, with the standard exceptions that can be removed and the endorsements worth obtaining. Later parts catalogue the recurring defects — unreleased mortgages, judgment and tax liens, estate and heirship problems, defective descriptions, easements, mechanic's liens, and survey discrepancies — and match each to its cure, from corrective instruments and affidavits through bonding, insuring over, escrow, and quiet title. Separate parts cover title insurance coverage and claims, survey types and what each reveals, federal settlement and disclosure requirements, liens with special rules including federal tax liens and bankruptcy in the chain, distressed-sale titles, and the remedies available when a closing fails.

Title, Survey, and Closing Problems: A Comprehensive Guide to Defects, Insurance, and Cures

Real Estate > Title, Survey, and Closing Problems | Published 21 February 2026 - Updated 10 August 2026 | UpLaw - uplaw.us

Title practice is a discipline of sequence. The defects are usually ordinary and the cures are usually routine; what determines whether a transaction closes on time is when each problem is identified relative to the deadline it threatens.

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