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 Mississippi, a title defect refers to any issue that compromises the validity or clear ownership of property title. This can include problems such as forgery, fraud, undue influence, incompetency, incapacity, or impersonation related to the execution of documents. Defects may also arise from documents that are improperly executed, not properly witnessed or notarized, or incorrectly recorded in public records. Issues such as undisclosed easements, lack of legal access to the property, or claims by missing heirs can also constitute title defects. Additionally, improper foreclosures or restrictive covenants not previously disclosed can lead to defects. Lien issues, such as those from contractors, mechanics, or material suppliers, or liens from unpaid mortgages, judgments, taxes, or association charges by previous owners, can also create title defects. It is important to address these issues promptly, as they can affect the owner's ability to sell or mortgage the property. In Mississippi, individuals facing potential title defects should consult with an attorney to understand their rights and remedies under state law.