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THE ROOTS

Cloud on Title

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ProfessionalContracts, Legal & TitleBuyingSelling

Definition

A cloud on title is any claim or issue raising doubt about the seller's clean ownership. Examples include unreleased mortgages or judgment liens.

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About this term

A cloud on title is a specific type of title defect that raises questions about ownership or creates doubt about the seller's authority to sell. Examples include a mortgage that hasn't been formally released, a judgment lien against a prior owner, or an undisclosed easement. Clouds on title must be cleared through legal action, lender releases, or other corrective measures. If a cloud cannot be cleared, it will typically be excepted from the title insurance policy.

Pro Tip

Don't close until clouds on title are completely cleared.

Example

The cloud on title was created by a previous mortgage that wasn't properly released in the records.

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