The Top 5 Title Issues That Can Delay Your Closing

You’ve found the perfect property, the contract is signed, and you’re counting down the days to closing—until something pops up in the title search that throws everything off track. While most title issues can be resolved, they often cause delays, added costs, or even kill deals altogether if not addressed quickly.

Here are five of the most common title problems that can delay a closing—and how we help resolve them before they become deal-breakers.

1. Unreleased Mortgages or Liens

Sometimes a prior mortgage has been paid off, but the official release or cancellation was never filed with the Clerk of Court. This creates a cloud on the title because it looks like the property is still encumbered.

Why it’s a problem:

Title companies won’t insure over unreleased liens or mortgages without evidence of payment.

What we do:

We track down the lender, request payoff documentation or a release, and file the proper cancellation to clear title.

2. Heirship or Missing Successions

In Louisiana, if someone dies owning property and no succession is completed, their heirs technically own the property—but it’s not clear who can legally sell it. This is extremely common with inherited properties.

Why it’s a problem:

Without a completed succession or donation, title can’t transfer cleanly.

What we do:

Our attorneys can quickly identify if a succession is needed and work with heirs to complete the process so the sale can move forward.

3. Boundary or Survey Discrepancies

Sometimes the legal description in the title documents doesn’t match the physical survey—or a fence, driveway, or structure crosses a neighbor’s property line.

Why it’s a problem:

Encroachments, right-of-way disputes, or missing servitudes can create liability and require correction or negotiation before closing.

What we do:

We work with surveyors, attorneys, and property owners to correct descriptions, confirm access, or add title endorsements as needed.

4. Judgments or Tax Liens Against the Seller

Even if the seller is ready to close, they may have judgments, federal tax liens, or state income tax issues that must be cleared before title can transfer.

Why it’s a problem:

Judgments “attach” to real estate and must be paid or released before a clean sale.

What we do:

We obtain payoff letters, negotiate with creditors when possible, and handle the release filings to clear the title.

5. Errors in Prior Deeds or Missing Signatures

Typos, missing witnesses, incorrect legal descriptions, or deeds missing required signatures can cause a chain of title defect.

Why it’s a problem:

If a prior deed wasn’t legally valid, the seller might not technically own what they’re trying to sell.

What we do:

We identify the break in the chain and work with prior owners or their heirs to cure the defect—through correction deeds, affidavits, or court action when needed.

How We Help Keep Closings on Track

At Title Stream, our examiners and attorneys work ahead of schedule to identify title issues early, so we can solve problems before they delay your closing. We don’t just issue title policies; we dig deep, clarify risks, and work with all parties to get your deal to the finish line.