What Happens When a Title Issue Is Found Before Closing (and How an Attorney Helps)

Brian Cross

Quick Summary: Title defects are more common than many buyers expect and can range from simple paperwork errors to complex ownership gaps. Some issues can delay closing while they’re fixed; others may temporarily stop a transaction until resolved. The good news is that many title problems can be cured with the right legal steps. Working with an attorney helps identify the issue clearly and move it toward resolution so your closing can proceed.

At Jensen & Cross, LTD in Litchfield, Minnesota, we regularly help clients navigate title concerns before closing. Understanding what’s been found—and what it takes to fix it—can make the process far less stressful.

Common Title Issues Found Before Closing

During a title search, several types of defects may come to light:

  • Unreleased mortgages: A prior loan may have been paid off but never properly released in county records.
  • Liens: Judgments, tax liens, or contractor liens can attach to a property and must be addressed before transfer.
  • Probate-related transfer gaps: If a previous owner passed away and the estate wasn’t fully administered, ownership may not have legally transferred.
  • Legal description errors: Mistakes in property descriptions can create uncertainty about what exactly is being conveyed.
  • Other defects: Boundary disputes, easement issues, or missing signatures on prior deeds can also affect title.

Finding the Issue vs. Resolving the Issue

It’s important to understand that finding a title issue is not the same as resolving it. A title search simply identifies potential problems. Resolution—often called “curative work”—is the legal process of fixing those problems so the title can be insured and transferred.

For example, discovering an unreleased mortgage doesn’t mean the deal is over. It means someone must obtain and record the proper release documents. Similarly, a probate gap doesn’t automatically stop a closing—but it may require formal legal steps to confirm ownership.

Learn more about this process here: Title Problems & Curative Work.

How an Attorney Helps Move Things Forward

When a title issue arises, an attorney plays a key role in both diagnosing the problem and guiding it to resolution. At Jensen & Cross, LTD, we:

  • Review the title search and clearly explain the issue in plain language
  • Determine whether the issue can be resolved quickly or requires additional steps
  • Coordinate with lenders, prior owners, or courts when necessary
  • Prepare and record corrective documents
  • Help ensure the title meets requirements for closing and title insurance

Because we handle both title examination and closing work, we’re able to keep the process moving efficiently while protecting your interests.

If you’d like a broader overview of how title searches and insurance work in Minnesota, visit: Title Search & Title Insurance in Minnesota.

Will a Title Issue Delay Closing?

It depends on the type and complexity of the issue. Some problems—like obtaining a missing release—can be resolved quickly. Others, such as probate-related gaps or legal description corrections, may take more time.

In most cases, title issues don’t permanently stop a transaction—they simply require the right steps before closing can proceed. Having an attorney involved early can help minimize delays and avoid surprises.

For a full look at how we assist with closings and title matters, see: Real Estate & Title Services.

Take the Next Step

If a title issue has come up—or you want to avoid last-minute surprises— we’re here to help. Contact Jensen & Cross, LTD in Litchfield, Minnesota to request a title review and get clear guidance on your next steps.

Call us at (320) 693-2454 or reach out today to request your title review.