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 Massachusetts, a title defect refers to any issue that compromises the validity or clear ownership of property title. Common defects include forgery, fraud, undue influence, incompetency, and improper execution of documents. Issues such as undisclosed easements, lack of access, and invalid powers of attorney can also affect title validity. Additionally, liens from contractors, unpaid mortgages, judgments, taxes, or association charges from previous owners can create defects. Massachusetts law requires that all documents affecting property title be properly executed, signed, witnessed, notarized, and recorded in the appropriate registry of deeds to ensure a clear title. If a title defect is discovered, it may be necessary to take legal action to clear the title, which often involves court proceedings. Title insurance is commonly used in Massachusetts to protect against potential title defects. If you suspect a title defect or are facing a lien issue, it is advisable to consult with an attorney to understand your rights and remedies under Massachusetts law.