Many delayed closings do not begin with a major dispute. They begin with something small in the title record that must be corrected before the transaction can move forward. Common examples include unreleased mortgages, liens, missing deeds, deceased owners, probate issues, divorce-related ownership questions, easements, restrictions, and inconsistencies in legal descriptions. Alabama's recording system makes recorded conveyances and other property instruments particularly important when determining title.

The frustrating part is that many of these problems are completely unrelated to the current buyer or seller. An unreleased mortgage may be twenty years old. An incorrect deed may have been prepared several transactions ago. A deceased relative may still appear in the chain of title because the property was never properly addressed after death.

The best defense is time. Sellers should provide information about divorces, deaths, estates, prior mortgages, boundary questions, or unusual ownership circumstances as soon as the property goes under contract. The earlier the title team knows about a potential issue, the greater the opportunity to resolve it without moving the closing date.

If a title issue is threatening to delay a closing in Madison County or North Alabama, Alabama Property & Estate Law, LLC may be able to help identify a path forward. Call us at 256-489-0038 to schedule a consultation.