At Tressler Title, we believe a smooth closing starts long before closing day. While most buyers and sellers focus on pricing, inspections, and timelines, title issues are one of the most common — and most preventable — reasons a real estate transaction gets delayed.
As we move into 2026, here are the most common title problems we see, why they matter, and how addressing them early can keep your transaction on track.
Unreleased Liens or Judgments
What happens:
Paid-off mortgages, home equity lines, contractor liens, or judgments sometimes remain attached to a property in public records.
Why it matters:
A property cannot transfer ownership with unresolved liens. Clearing them can take time if releases were never properly recorded.
How to avoid delays:
- Request a title search early
- Keep documentation of paid-off loans
- Work with a title company that actively tracks and clears liens before closing
Errors in Public Records
What happens:
Misspelled names, incorrect legal descriptions, or recording errors occur more often than people realize.
Why it matters:
Even minor discrepancies can prevent a clean transfer of ownership and require corrective filings.
How to avoid delays:
- Review your deed and prior closing documents
- Notify your title company of any name changes
- Choose a title team that prioritizes accuracy and verification
Boundary or Survey Issues
What happens:
Fences, driveways, additions, or structures may cross property lines or differ from the legal description.
Why it matters:
Lenders and buyers may require a new survey or resolution before moving forward.
How to avoid delays:
- Order a survey early if boundaries are unclear
- Address known encroachments before listing
- Don’t rely on assumptions — rely on documentation
Probate or Ownership Issues
What happens:
Inherited properties are sometimes sold without proper probate or legal transfer of ownership.
Why it matters:
All legal owners must be identified and authorized to sell. Missing heirs can stop a transaction entirely.
How to avoid delays:
- Complete probate before listing the property
- Confirm legal ownership early
- Coordinate with legal professionals when needed
Easements or Restrictions Not Previously Disclosed
What happens:
Utility easements, access rights, or HOA restrictions may surface during the title review.
Why it matters:
Buyers must receive full disclosure, and unexpected findings can lead to renegotiations or cancellations.
How to avoid delays:
- Review your title commitment carefully
- Ask questions early
- Provide full and transparent disclosures upfront
Unpaid Property Taxes or Assessments
What happens:
Outstanding property taxes, municipal assessments, or special district fees remain unpaid.
Why it matters:
These obligations must be resolved or prorated before closing.
How to avoid delays:
- Verify tax status before listing
- Plan for prorations
- Address disputes with taxing authorities early
Why Proactive Title Work Matters in 2026
With evolving market conditions and increased scrutiny from lenders, clean title is more important than ever. Addressing potential issues early helps avoid last-minute surprises and protects everyone involved in the transaction.
At Tressler Title, our approach is proactive, thorough, and detail-driven — because closing day should feel confident, not stressful.
A Smooth Closing Starts Here
Whether you’re buying, selling, or refinancing in 2026, early title review can make all the difference. Our team works behind the scenes to identify and resolve issues before they impact your timeline — so you can focus on what matters most.
