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 South Carolina, a title defect refers to any issue that may invalidate or make a title defective. This can include a range of problems such as invalid documents due to fraud, forgery, or lack of proper execution; unauthorized transfers; undisclosed easements; lack of legal access to the property; and improper filing or recording of documents. Additionally, issues with liens, such as those from contractors, judgments, taxes, or homeowners associations that were not settled by previous owners, can also cause title defects. It is important to address these defects as they can affect the owner's ability to sell or mortgage the property and may lead to legal disputes. To resolve title defects or understand the implications of a defective title, it is advisable to consult with an attorney who specializes in real estate law. An attorney can help navigate the complexities of title examination, rectify any issues, and ensure that the title is clear and marketable.