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 Tennessee, 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, or improper execution of documents. If a document affecting the title is not correctly signed, witnessed, notarized, or delivered, it can lead to a defective title. Unrecorded easements, lack of legal access to the property, or documents executed under invalid power of attorney are also potential defects. Issues with public records, such as improper filing or indexing, can affect title clarity. Claims by missing heirs or defects from an incorrect foreclosure process can also be problematic. Lien issues, such as those from contractors or due to unpaid debts from previous owners (like mortgages, taxes, or association charges), can create title defects as well. In Tennessee, it is important to address these issues promptly, often with the assistance of an attorney, to ensure clear and undisputed ownership of property.