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A cloud on a title in real estate vocabulary can be interpreted into the Latin phrase, caveat emptor. It cautions that even though the deed has been documented, a purchaser should proceed with caution because there is something unusual about the deed that calls for closer scrutiny. Oftentimes, the existence of a cloud on a title will permit the buyer the option to back out of a contract and often the cloud can be deleted easily by executing a document to show a debt had been paid or corrected. Although there are different conditions, a title with a cloud is regarded as a title with a flaw. A cloud can indicate the misspelling of a property's address in a deed conveying title or it can mean the repayment but failure to officially document a mortgage lien. It can also indicate a failure to convey certain property rights (such as mineral rights) to the former owner of a property or some other questionable link in the succession of title. While title companies will occasionally insure ownership of a property surrounding a cloud, they will refuse to insure any title to be transferred with a "cloud." The owner of the property can easily remove the cloud on the title by initiating a quitclaim deed or via a quiet title proceeding. This calls for a document that proves the debt or error associated with the title has either been paid or corrected. In most cases, the concerns surrounding a cloud on a title are minor and very easily corrected. When property is acquired via a mortgage, occasionally clouds on title can be a little more complex. The mortgage company is required to inform the local record office of satisfied liens when the mortgage has been paid in full. If this does not happen, and if the owner tries to sell the property, the process becomes clogged as the official documentation search shows that the property is still under a mortgage. The error must be cleared up as soon as possible. By submitting the appropriate documents with the local records office, in the end all clouds on titles can be effortlessly corrected. Upon receipt and approval of the proper documents by the local records office, the deed is considered complete and the cloud on the title officially lifted.
Article Source: http://www.onlinearticlessite.com
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