A title defect is anything that can cause a title to be considered invalid or defective in some way. Some examples are:

• Invalid documents due to forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation.

• Failure of any person or entity to have authorized a transfer or conveyance.

• A document affecting title that is not properly executed, signed, witnessed, notarized, or delivered.

• Undisclosed or unrecorded easements not otherwise apparent on your land.

• No right of access to and from the land.

• A document executed under a falsified, expired, or otherwise invalid power of attorney.

• A document not properly filed, recorded, or indexed in the public records.

• Ownership claims by undisclosed or missing heirs.

• Defect arising from an improper prior foreclosure.

• Undisclosed restrictive covenants affecting your property.

Lien issues can also cause title defects. Some examples of lien issues are:

• Any statutory or constitutional contractor’s, mechanic’s, or materialman’s lien for labor or materials that began on or before the policy date. Talk to an attorney about your rights.

• Lien for labor or materials furnished by a contractor without your consent.

• A previous owner failed to pay

o a mortgage or deed of trust

o a judgment, tax, or special assessment

o a charge by a homeowners or condominium association.

• Other liens or claims that may exist against your title that are not listed in the policy.

In Idaho, a title defect refers to any issue that compromises the validity or clear ownership of property title. This can include problems arising from fraudulent or improperly executed documents, unauthorized transfers, undisclosed easements, lack of access rights, or use of an invalid power of attorney. Additionally, defects may result from errors in public recording or claims from missing heirs or improper foreclosures. Lien issues, such as those from contractors, judgments, taxes, or homeowners associations that were not settled by previous owners, can also create title defects. To address these issues, it is essential to have a clear understanding of Idaho's property laws, which may involve statutes governing real estate transactions, recording requirements, and lien priorities. Individuals facing potential title defects should consult with an attorney to explore their legal options, including potential remedies such as quiet title actions or title insurance claims.