You have found the perfect home in Western PA, negotiated the price, and scheduled the closing. Then your attorney discovers a problem with the title. Suddenly the closing is delayed and you are wondering whether the deal will survive.
Title defects are one of the most common complications in Pennsylvania real estate transactions. Understanding what they are and how they are resolved can help you navigate the process with confidence.
What Is a Title Defect?
A title defect is any issue in the chain of ownership that raises questions about who legally owns the property or that places an unexpected burden on the title. A "clear" or "marketable" title means the seller has the legal right to sell free of undisclosed encumbrances. A defect is anything that clouds that right.
Common Title Defects in Pennsylvania
Unreleased mortgages. A prior owner paid off their mortgage, but the lender never recorded a satisfaction with the county recorder of deeds. Resolving this requires tracking down the lender, which is complicated when the original lender has merged or gone out of business.
Unprobated estates. When a property owner dies and the estate is never probated, the property remains in the deceased's name and cannot be legally conveyed. This is common with older Western PA properties that passed informally within families.
Missing or unknown heirs. Even when an estate was probated, if an heir was not identified, they may have a claim to the property years later.
Recording errors. Misspelled names, incorrect legal descriptions, transposed lot numbers, or improperly notarized documents all create defects that take time and cooperation to correct.
Boundary and survey issues. When the legal description does not match the physical boundaries or a structure encroaches on neighboring property, the title is defective.
Judgments and liens. Outstanding judgment liens, tax liens, mechanic's liens, or municipal liens against a current or prior owner attach to the property and must be satisfied before closing.
Undisclosed easements and restrictions. Easements for utilities, access, or drainage, and restrictive covenants limiting property use, are defects if not disclosed before the agreement of sale.
How a Title Search Catches Defects
Before any closing, a title search examines public records at the county recorder of deeds, prothonotary's office, and other county offices to trace the chain of ownership and identify liens, judgments, easements, or other encumbrances. A thorough search typically goes back at least 60 years. In Western PA, older properties may require searching much further.
At Ament Law Group, we review title search results carefully and flag issues before you reach the closing table.
How Title Defects Are Resolved
- Unreleased mortgages may be cleared by obtaining a satisfaction piece from the lender or through an affidavit process.
- Unprobated estates require opening the estate so a personal representative can convey the property.
- Recording errors are corrected with corrective deeds or affidavits of scrivener's error.
- Liens and judgments must be satisfied or negotiated for release.
- Boundary issues may require a new survey, a boundary line agreement, or litigation.
Why Title Insurance Matters
Even the most thorough title search cannot catch every defect. Hidden issues like forged documents, undisclosed heirs, or record errors may not appear. An owner's title insurance policy protects you against financial loss caused by defects that existed at purchase but were not discovered. The lender requires a policy to protect its mortgage, but that policy does not protect you. An owner's policy is a one-time premium at closing that covers you for as long as you or your heirs own the property.
At Ament Law Group, we handle title searches, resolve title defects, and guide buyers and sellers through closings across Western Pennsylvania. Call us at (724) 733-3500 or contact us online to schedule a consultation.
Related resources:
- Title Insurance Guide for Western PA Homebuyers
- How to Handle Real Estate Closings in Pennsylvania
- Deed Transfers in Pennsylvania
- Real Estate Services
- Schedule a Consultation
Buying, Selling, or Closing on Property?
Our attorneys are licensed title agents through Chicago Title, Commonwealth, and First American. We handle the title search, issue the policy, and attend your closing, all under attorney supervision, at the same cost as any title company.