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Defects in the title of a residential property refer to any issues or problems that affect the legal ownership or rights associated with the property. Such defects result in what is called a “clouded” title. The opposite of the clouded title is a “marketable” or “clear” title, which refers to a title free from reasonable doubt or defects.
A marketable title reduces the legal risk associated with the property in several ways. First, it assures the buyer that the seller has a legal and undisputed right to sell the property. It also gives buyers confidence that they are acquiring a property without hidden claims or encumbrances, minimizing the likelihood of future legal challenges. If you plan to finance the property with a lender, all lenders, including hard money lenders, will require a marketable title before providing financing. A clear title assures them that the property is sufficient collateral for the loan, reducing the lender’s risk.