What is a title problem?
"Title" means legal ownership of the property, and the public records at the Recorder of Deeds are how ownership is proven. A title problem — also called a clouded title or a title defect — is anything in those records, or missing from them, that makes it unclear who owns the property or leaves someone else with a claim against it.
Many owners don't learn about a title problem until they try to sell. The buyer's title company searches the records and issues a title commitment, which lists requirements that must be met before closing and exceptions it won't insure. If an item can't be cleared, the buyer's lender won't lend, the title company won't insure, and the sale stalls or falls apart.
Common title problems we see in St. Louis
- An unreleased deed of trust. Missouri home loans are usually secured by a deed of trust. When a loan is paid off, a release should be recorded. Sometimes it never was, and the lender has since merged, sold the loan or gone out of business.
- The owner of record has died. The house is still in a deceased person's name, and no probate or other transfer was ever completed. See selling an inherited house and probate houses.
- Multiple or missing heirs. Ownership has passed to several relatives, some of whom can't be found. This is known as heirs' property.
- Judgment liens. A court judgment against an owner can become a lien on real estate the owner holds in that county.
- Mechanic's liens. A contractor or supplier who wasn't paid for work on the property may have filed a lien.
- Tax and municipal liens. Delinquent real estate taxes, and in some cases city charges for things like demolition, board-ups or weed cutting, can attach to the property. Read about tax-delinquent houses.
- Divorce issues. A former spouse is still on the deed, or a divorce decree awarded the house to one spouse but no deed was ever recorded.
- Deed errors and gaps in the chain. A wrong legal description, a misspelled name, a missing signature or notarization, or a deed that was never recorded can break the chain of title.
- Questionable transfers. Quitclaim deeds signed by people who didn't actually own the property, or, occasionally, forged deeds.
- Boundary and access issues. Encroachments, disputed lot lines or missing easements.
How title problems get fixed
The fix depends on the defect. Curing a title is detective work first and paperwork second. Common tools include:
- Obtaining a release from the lender or lienholder, or its successor, for a debt that has been paid.
- Paying off valid liens at closing from the sale proceeds.
- Corrective or confirmatory deeds to fix errors in earlier deeds, signed by the parties who can still sign.
- Affidavits and supporting records, such as death certificates and affidavits establishing family relationships, when a title company will accept them.
- Probate or heirship proceedings to establish who inherited the property.
- A quiet title action, a lawsuit asking the court to declare who owns the property and to remove competing claims. In Missouri these are filed in the circuit court and require an attorney.
Some problems take a phone call and a few weeks. Others require a court case that can take many months. Knowing which kind you have is the first step.
Your options when the title is messy
Clear it, then sell on the open market
If the defect is fixable and the house is in good shape, clearing the title and listing with an agent will often bring the most money. The cost is time, possible legal fees, and carrying the property while the work gets done.
Sell to a buyer who can take on the problem
Most buyers can't close on a clouded title, because their lenders won't allow it. A cash buyer who understands curative title, like Messy Title STL, can sometimes buy the property as-is — with the problem still unresolved — and handle the cure after closing, depending on the defect and whether a title company will insure the purchase. That trades some price for speed and certainty.
How Messy Title STL helps
We start by pulling the chain of title and reading it the way a title examiner would, to pinpoint exactly what is clouding it. Then we explain, in plain English, what it would take to fix it and what your realistic options are. Sometimes the best answer is a simple fix you can handle on your own; sometimes it's selling to us.
We are not a law firm and we don't give legal advice. When a problem needs a court filing, that work is done by a licensed Missouri attorney — whether that's your attorney or one working on a property after we buy it.
We work on title problems throughout St. Louis City, St. Louis County, St. Charles County and Jefferson County. Tell us about the property with the free review form or call (314) 226-8616.
Frequently Asked Questions
How do I know if my house has a title problem?
The most reliable way is a title search. You can also look up the recorded documents for your property at the county Recorder of Deeds — the most recent deed, any deeds of trust and any releases. If the owner of record has died, a loan was never released, or names don't match, there is likely an issue. Our free review can help you sort it out.
What is a quiet title action?
A quiet title action is a lawsuit that asks a court to determine who owns a property and to extinguish other claims. It is used when a defect can't be fixed with documents alone — for example, when heirs can't be found or a prior owner's interest is unclear. In Missouri it is filed in circuit court and requires an attorney.
Can you buy a house that has liens on it?
Often, yes. Valid liens such as mortgages, taxes and judgments are commonly paid off at closing from the sale price. Liens that are old, disputed or already paid may need to be released or resolved, and in some cases we can take that work on after we buy.
How long does it take to fix a title problem?
It depends entirely on the defect. Getting a missing release recorded may take a few weeks; a probate or quiet title case can take many months. After reviewing the records, we can give you a realistic sense of what's involved.
Who pays for the title work if I sell to you?
When we buy a property, we pay the closing costs, as described in our offer. We'll explain up front how any title-related costs are handled for your specific property before you agree to anything.
Not legal advice. Messy Title STL is a real estate investment company. We are not a law firm, we are not attorneys, and we are not a title insurance company. Nothing on this website is legal, tax or financial advice. Every situation is different; for advice about your specific situation, talk with a Missouri-licensed attorney or tax professional.