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cloud on title |
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Cloud on title Any claim or encumbrance, usually discovered in a title search, that may impair the title to a property, and make its validity questionable. See: bad title. Cloud on Title Any claim to the title on a property that puts another claim into question. That is, one may own a property that another person claims with some (though by no means clear) legal justification. Clouds on title normally arise in the sale of a property when a buyer or real estate broker is conducting due diligence. cloud on title Something that appears on its face to constitute a defect in title or a claim against property, but which may be cleared through the execution of affidavits, quitclaim deeds, or corrective deeds,or by means of a lawsuit called an action (or bill) to quiet title. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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Title companies generally treat such judgments as a cloud on title to the homestead unless avoided in bankruptcy, satisfied, or otherwise removed. Another common cloud on title associated with deeds is the failure to state on the deed the grantor's marital status and whether the property is the grantor's homestead. 6) The practical result to the owner is that, since the cloud on title is no longer present, the owner may proceed to finance, refinance, or sell the property, or if a construction loan is in place, to release holds on draws by the bank on account of the lien. |
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