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 Wisconsin, 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 forgery or fraud, unauthorized transfers, improperly executed documents, undisclosed easements, lack of access to the land, and issues with powers of attorney. Additionally, defects can arise from documents not being properly filed or recorded, claims from missing heirs, or issues stemming from an improper foreclosure. Lien issues are also a common source of title defects, which can include contractor's, mechanic's, or materialman's liens for labor or materials, liens from work done without the owner's consent, and unpaid obligations by previous owners such as mortgages, judgments, taxes, special assessments, or homeowners' association charges. It's important to address any potential title defects before completing a property transaction. In Wisconsin, title insurance is commonly used to protect against these risks. 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 the remedies available under Wisconsin law.